A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.
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 for up to six months.
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 reflects the reckless driving conviction for 11 years.
In Virginia, police officers cannot charge you with the lesser offense of Improper Driving (46.2-869), a traffic infraction punishable by a fine of not more than $500 and accompanied by the DMV assessment of 3 demerit points against your driving record. However, if persuaded, the Commonwealth Attorney (prosecutor) has authority to reduce your reckless driving charge to improper driving. Additionally, if your case is tried and the court finds a slight degree of culpability, the court may find you not guilty of reckless driving, but guilty of improper driving traffic infraction.
If you've been charged with reckless driving 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 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.