Virginia law defines ATVs as motor vehicles having three or more wheels that are powered by a motor and manufactured for off-highway use, with the exception of go-karts or riding lawn mowers. ATVs are only allowed on public highways in limited circumstances, such as crossing by the most direct route or when they are being operated by law enforcement officers, firefighters, or emergency medical services personnel responding to emergencies.
Reckless Driving Charges for ATV Operation
If you operate your ATV in an unsafe manner, you can be charged with reckless driving. Virginia law considers a wide range of actions to be reckless driving, such as driving too fast for weather conditions, failing to yield right of way, and failure to maintain control. However, reckless driving charges involving an ATV often fall under the general rule outlined in Virginia Code § 46.2-852. The law states that irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
The general rule for reckless driving can be used in cases involving races or stunts that pose a danger to property and public safety. Drivers who engage in this type of behavior and post evidence of their actions on social media will be prosecuted upon identification.
How T. Kevin Wilson Can Help
Reckless driving is much more serious than a simple traffic ticket. It is considered a misdemeanor criminal offense, which carries hefty fines, potential jail time, and a license suspension. You will also be left with the stigma of a criminal record, which can cause problems with pre-employment background checks, security clearances, military service, graduate school applications, and more.
An experienced reckless driving lawyer can help you build an aggressive defense against charges related to ATV operation. To learn more, call Virginia reckless driving attorney T. Kevin Wilson to schedule a free, no-obligation case review.