Start here: what a reckless driving charge in Virginia actually means
A quick walkthrough of what a reckless driving charge means and what to expect from your case.
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A short overview of how a reckless driving case moves through the Virginia court system.
Reckless driving in plain English
Here’s the part most people don’t find out until it’s too late: in Virginia, reckless driving isn’t measured by how you were driving. It’s measured by a number. Twenty miles per hour or more over the posted limit is reckless driving, and so is any speed above 85 miles per hour, no matter what the limit was. That means a driver going 95 in a 75, someone most people wouldn’t call reckless at all, is charged the same way as someone weaving through traffic. That’s a different category than a routine moving violation, and it’s why the charge deserves more than a quick read of the citation.
A Class 1 misdemeanor, the most serious misdemeanor classification in Virginia. It goes on your criminal record, not just your driving record, and it can show up on background checks the way a routine speeding ticket never would.
Virginia Code Section 46.2-862 sets the legal threshold: 20 miles per hour or more over the limit, or any speed over 85. Once you’re over that line, the officer isn’t writing you a civil infraction. You’re being charged criminally.
It is not a traffic ticket, and it is not a felony. So is reckless driving a felony? No. But a Class 1 misdemeanor conviction is still a criminal conviction, in the same category as DUI, and it deserves the same seriousness.
That’s the gap that catches people off guard. You thought you got a speeding ticket. What you actually got was a criminal charge in the same category as DUI, and it deserves the same seriousness.
What reckless driving can cost you
Once you’re charged, here’s the penalty stack you’re looking at. And here’s the fact that surprises almost everyone we talk to: you cannot pay this ticket. Virginia reckless driving citations are not prepayable. You have to appear, or have your attorney appear, and the case has to be resolved in court.
Reckless driving penalties
What follows you beyond the courtroom
Court appearance required
There is room to work
The charge can sometimes be reduced
Depending on the facts of your case, a plea reduction to improper driving under Virginia Code Section 46.2-869 may be available. That’s a lesser charge that can change what shows up on your record.
Commercial drivers: CDL holders face added exposure from a reckless driving conviction. A conviction can mean more than points for a driver whose livelihood depends on the license. See the CDL section below.
How we defend it
Every reckless driving case gets the same careful look before we walk into court, because the facts usually decide the outcome long before anyone argues in front of a judge.
Speedometer and radar records
We review the speedometer calibration records on the officer’s vehicle and look at whether the radar or laser device was accurate and properly used. Where it’s available, we pull GPS data.
Road and traffic conditions
We look closely at road and weather conditions at the time of the stop, and at the flow-of-traffic argument, meaning whether you were actually driving faster than everyone else around you or simply keeping pace.
Officer testimony
We prepare to cross-examine police officers’ testimony where the facts support it. That’s the defense strategy behind every case we take, not a one-size-fits-all approach.
Plea reduction
Where it fits the case, we look at whether a plea reduction to improper driving under Virginia Code Section 46.2-869 makes sense, a lesser charge that can change what shows up on your record. We can’t promise you an outcome. Nobody honest can. What we can promise is that we appear in these courts regularly and prepare every case the same way.
If you drive for a living
Reckless driving and your commercial license
If you drive for a living, the exposure from a reckless driving conviction is higher than for other drivers. Commercial drivers can face additional consequences on top of everything listed above, and a conviction can put your commercial driving career on the line, not just result in a fine.
- A reckless driving conviction on a CDL holder’s record can trigger employer review and potential termination, even for a first offense.
- Insurance companies treat commercial drivers with a criminal traffic conviction differently than standard policyholders. Rates can spike or coverage can be dropped.
- It’s worth a direct conversation with your attorney about your CDL specifically before you decide how to handle the charge.
What happens next
Most people don’t know what actually happens between getting the citation and the case being over. Here’s the real sequence.
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Citation issued
The officer writes you up on the roadside, and you get a court date, usually several weeks out.
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Arraignment date
This is your first appearance, where the charge is formally read. In most cases, your attorney can appear on your behalf here.
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Trial in General District Court
This is where the case actually gets decided, whether that’s through negotiation before the date or a hearing in front of a judge.
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The outcome
Depending on the facts of your case, this can mean dismissal, a reduction to improper driving, or a conviction as charged.
Who handles your case
Scott D. Cardani
Partner
Scott D. Cardani has been practicing law since January 1996. Before he was a lawyer, he was a public school teacher, and it shows in how he explains your case. He walks you through what you’re facing the way a good teacher explains a hard subject: clearly, without jargon, and without moving on until you actually understand what’s happening to you.
We treat every client the way we’d want someone we care about to be treated.
- Practicing since January 1996
- Former public school teacher
- Every Central Virginia courtroom
Coral, Paralegal
Your day-to-day contact
Jackie W. Critzer
Partner
Jackie W. Critzer has practiced law in Central Virginia since 2005. She knows the Henrico, Chesterfield, Hanover, and Goochland courts well, how each one operates, what each one expects, and how to prepare a case for each. Clients describe her as steady, compassionate, and honest. She gives straight answers and stays with you through the entire process.
We treat every client the way we would want someone we care about to be treated.
- Practicing since 2005
- Henrico, Chesterfield, Hanover & Goochland courts
Kara Powell
Attorney, criminal defense
Kara spent six years as an Assistant Commonwealth’s Attorney across two Virginia jurisdictions before joining Critzer Cardani PC. She has seen criminal cases built from the prosecution’s side, the evidence they prioritize, the arguments they prepare, the weaknesses they hope you do not find. That experience is now part of our legal service to you.
- Former Assistant Commonwealth’s Attorney
- Two Virginia jurisdictions
- Prosecution-side expertise
What our clients say
Hear us talk it through
Ep. 4
What To Do When…
Facing reckless driving
Watch or listen
Ep. 26
What To Do When…
Reckless driving by speeding
Watch or listen
Ep. 32
What To Do When…
Charged with reckless driving
Watch or listen
Ep. 48
What To Do When…
Your teenager is accused of a crime
Watch or listen
Reckless driving questions, answered
Twenty miles per hour or more over the posted limit, or any speed above 85 miles per hour, regardless of the limit.
Yes. It’s a Class 1 misdemeanor, not a traffic infraction, and it goes on your criminal record.
Yes. Because it’s a criminal conviction rather than a traffic infraction, it can appear on background checks the way a normal speeding ticket would not.
Sometimes. Depending on the facts, a reduction to improper driving under Virginia Code Section 46.2-869 may be available.
In most cases, your attorney can appear on your behalf, which is especially helpful if you live out of state.
We offer a free consultation and a flat fee structure. We’ll discuss the specific cost with you directly rather than publishing a number that may not fit your case.
Part of our criminal defense practice
Criminal defense in Richmond: the full guide
Results disclaimer. Past results do not guarantee a similar outcome. Every case depends on its own facts. This page is general information, not legal advice.
