Much like with the question about having a license suspension imposed by a Virginia court, the answer to this question is maybe.  Some offenders convicted of Reckless Driving in Virginia are incarcerated.  Others are not.  As with any case before a Virginia court, the punishment imposed depends upon the facts and circumstances of the particular case.  There are several factors which come into play when determining an appropriate punishment for a particular case.  A few of the most common factors considered by Virginia courts include the risk and danger presented by the specific driving behavior, the damage and injury caused by the specific driving behavior and the driving history of the offender.

For example, a simple rear end motor vehicle accident in Virginia in which there are no injuries, and a very serious motor vehicle accident in Virginia involving a fatality could both be the basis of a Virginia Reckless Driving conviction.  However, for obvious reasons, they would likely result in different punishments being imposed by a Virginia court.  

Similarly, driving at 85 mph on a Virginia interstate in the middle of the night with no other traffic on the road, and driving at 85 mph through a Virginia residential neighborhood could both support a Reckless Driving conviction in Virginia, but again, would likely result in different punishments being imposed by a Virginia court.  

Lastly, assume two offenders were found guilty of Virginia Reckless Driving Speeding for driving 85 mph on the interstate in Virginia at the same time.  However, assume one offender had a perfect driving history and had never received a ticket in 25 years of driving in Virginia, and the other had only been licensed for 3 years and had already accumulated several convictions for Speeding in Virginia.  Even though these two offenders committed the exact same Reckless Driving offense, a Virginia court would likely impose very different punishments. 

Offenders who engage in more dangerous behavior in Virginia, cause more injury and damage in Virginia, and have previous convictions are more likely to be incarcerated than offenders who engage in less dangerous behavior, cause less injury and damage, and have a clean driving record. 

If you have been accused of a Virginia Reckless Driving offense, Manassas, Virginia Reckless Driving Lawyer, T. Kevin Wilson and The Wilson Law Firm can help you.