A Closer Look at Reckless Driving in Parking Lots

Many people don’t expect to see “reckless driving” and “parking lot” in the same sentence. That’s probably why Section 46.2-864 of the Virginia Code specifically addresses such conduct. Pedestrians in parking lots aren’t looking out for reckless drivers. Additionally, reckless driving in a parking lot endangers property, mostly the other parked cars in the area.

Reckless driving in a parking lot may seem harmless, but the reckless driving law is far from harmless. This misdemeanor offense is no ordinary traffic ticket. A conviction could mean fines, jail time, and other harsh penalties. Fortunately, because of its legal status, a Leesburg criminal defense lawyer has several options in these cases. In many instances, a lawyer successfully defends these tickets, eliminating the need for a guilty plea to a serious offense.

What is § 46.2-864 in Virginia?

• 46.2-864 states that a person may be guilty of reckless driving if they operate a motor vehicle recklessly in parking lots, driveways, service stations, or other areas open to the public. These places are not traditional roads or highways and therefore don’t normally fall under the purview of Virginia traffic laws. But as mentioned above, Section 46.2-824 addresses an important safety area. Therefore, Virginia law still requires drivers to exercise caution and responsibility in these areas.

This statute ensures that drivers cannot avoid reckless driving charges simply because they are not on a public street. If a location is open for public vehicle use, the reckless driving laws still apply.

Areas Covered Under § 46.2-864

The law applies to several types of locations where vehicles regularly operate outside of public highways, including:

• Shopping center parking lots,
• Apartment complex parking areas,
• Gas station driveways,
• Private roads open to the public,
• Commercial property parking areas, and
• Driveways connected to businesses.

Because these locations often have high pedestrian traffic, reckless driving in these areas can be especially dangerous.

Examples of Reckless Driving in Parking Lots

A driver may be charged under § 46.2-864 if they engage in unsafe or dangerous driving behaviors in a parking lot or similar area. Common examples include:

• Speeding excessively through a crowded parking lot,
• Performing donuts or burnouts,
• Racing another vehicle in a commercial parking area,
• Ignoring pedestrians or traffic signs,
• Driving aggressively near parked cars.

Law enforcement officers may issue a reckless driving citation if they determine the driver’s actions put others at risk. They always believe the driver’s actions put others at risk. Even if the parking lot is empty, reckless drivers could lose control of their vehicles and cause injuries. That’s a stretch, but it’s enough to justify an arrest.

Penalties for Reckless Driving in Virginia

Reckless driving is a Class 1 misdemeanor in Virginia. The penalties for this criminal offense are severe and may include:

• Up to 12 months in jail,
• A fine of up to $2,500,
• Six points on a driver’s record, and
• Drivers’ license suspension for up to six months.

Reckless driving in a parking lot after hours might be the most effective defense in these cases. Technically, after hours reckless driving isn’t a legal defense to this charge. But if no one else was in the parking lot, the aforementioned safety imperative falls by the wayside. So, a Leesburg criminal defense lawyer can often convince prosecutors to reduce the charges to a simple traffic ticket in these situations.

The same outcome is possible if officers responded to an anonymous tip. Many tipsters, like many child siblings, are tattletales who want people to get in trouble. Parents consider tattletales unreliable, and so do Loudon County judges. If a judge throws an unreliable tip out of court, the rest of the case collapses like a house of cards.

Work With a Thorough Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/