Go to navigation Go to content
Toll-Free: (888) DUI-LWYR
Phone: (703) 361-6100
The Wilson Law Firm

What is the definition of Reckless Driving in Virginia?

Under Virginia Motor Vehicle Code, the term Reckless Driving includes several different acts, so the answer to this question is somewhat lengthy.  The two types of Reckless Driving most commonly charged in Virginia are Reckless Driving based on speed (46.2-862) and Reckless Driving based on being involved in an accident (46.2-852 or 46.2-853).  Although most of the statutes dealing with Reckless Driving offenses in Virginia set out acts which are quite specific, there are a few Reckless Driving offenses in Virginia which are vague and subjective.  Several sections of Virginia's Motor Vehicle Code which deal with Reckless Driving in Virginia are set out below.  

46.2-852 is the catch-all statute that says that irrespective of speed limits, driving a motor vehicle on public roads in a way that endangers other people or property it is Reckless Driving in Virginia. 

46.2-853 says it is Reckless Driving in Virginia to drive a vehicle which is not under proper control or has inadequately adjusted brakes. 

46.2-854 defines Reckless Driving in  Virginia as passing another vehicle approaching the crest of a hill or a curve where the view is obstructed. 

46.2-855 makes it Reckless Driving in Virginia to drive with the view to the front or sides obstructed or to drive while something or someone is interfering with the driver's control of the driving mechanism. 

46.2-856 indicates that passing or attempting to pass two vehicles abreast is Reckless Driving in Virginia. 

46.2-857 says driving abreast of another vehicle in a lane designed for one vehicle is Reckless Driving in Virginia. 

46.2-858 defiines Reckless Driving in Virginia as passing or overtaking another vehicle at a railroad crossing or at an intersection. 

46.2-859 includes within the definition of Reckless Driving in Virginia, the act of passing a stopped school bus under certain circumstances.

46.2-860 says failing to give adequate and timely signals of the intention to turn, slow or stop is Reckless Driving in Virginia.

46.2-861 is another catch-all code section, making it the offense of Reckless Driving in Virginia to exceed a reasonable speed considering the circumstances and traffic at the time. 

46.2-862 is the Reckless Driving offense in Virginia dealing with speed - making it Reckless Driving to drive at a speed 20 mph over the speed limit, or in excess of 80 mph.  

46.2-863 describes the circumstances under which failing to yield the right of way can amount to Reckless Driving in Virginia.  

46.2-864 is a twist on the catch-all offense set out in 46.2-852, in that it also makes illegal and defines as Reckless Driving in Virginia any driving which endangers people or property, but where 46.2-852 is limited to operation on public roads, 46.2-864 includes churches, schools, recreational facilities, business property, roads under construction, etc. 

46.2-865 discusses racing as Reckless Driving in Virginia. 


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. 

Live Chat