Reckless Driving: Racing (46.2-865)

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.

This is a Class 1 misdemeanor criminal offense in Virginia with a maximum punishment including incarceration for up to 12 months, a fine of up to $2,500.00 and a suspension of your privilege to drive in Virginia from a minimum 6 months to 2 years.

If convicted, in addition to a permanent criminal record, the Virginia Department of Motor Vehicles (DMV) independently assesses 6 demerit points against your DMV record and your DMV record will reflect this reckless driving conviction for 11 years. In certain circumstances, your vehicle may be seized as well.

In the unfortunate circumstance where your racing causes serious bodily injury or death you will likely be charged with felony racing. If charged with racing causing serious bodily injury you will be facing a Class 6 felony, punishable with up to 5 years of incarceration. Even more troubling, if you are charged with racing causing death, it is a felony punishable by imprisonment with a mandatory minimum imprisonment of one year up to a maximum of 20 years. In either case, if convicted, the Virginia DMV will independently suspend your driver's license between 1-3 years.

If you've been charged with racing or another serious traffic offense in Virginia, don't make the common mistake of trying to go it alone without an experienced Virginia criminal defense lawyer. You need an aggressive and knowledgeable attorney who will fight for your rights. Let us be your legal advocate.

If saving your driver's license, minimizing fines, and avoiding or minimizing a jail sentence are important to you, call The Wilson Law Firm at 703-361-6100 or toll free at 1-888-384-5997 for a free, no obligation consultation.

§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race.

A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:

1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or

2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

B. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of §46.2-398.

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