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How To Avoid Reckless Driving Charges in Virginia


Reckless driving is the source of countless automotive accidents every year across Virginia. In many cases, reckless driving leads to property damage, not to mention physical injury, or death. Given the severity of these consequences, reckless drivers face serious penalties under Virginia law.

In order to avoid reckless driving penalties, it is vital to have a thorough understanding of the various types of reckless driving under Virginia law. With a clear understanding of the law and a cautious approach on the roads, most drivers can avoid criminal penalties for reckless driving in Virginia.

  1. Drive Carefully and Cautiously

Code of Virginia Section 46.2-852 provides the general definition of reckless driving. Under this section, drivers are required to operate their vehicles carefully and cautiously, in a manner that does not endanger other people or property. If a person drives in a manner that puts other people or property at risk, it qualifies as reckless driving under Section 46.2-852. For that reason, drivers should operate their vehicles carefully and cautiously to avoid reckless driving charges.

  1. Adhere to Posted Speed Limits

Code of Virginia Section 46.2-862 requires drivers to adhere to posted speed limits and refrain from speeding. Specifically, Section 46.2-862 prohibits drivers from:

  • Operating a vehicle at more than 20 miles per hour above the posted speed limit; or
  • Operating a vehicle at more than 80 miles per hour.

If a driver does not adhere to posted speed limits — and violates either part of Section 46.2-862 — they may face criminal penalties for reckless driving. As a result, drivers should stay within the legal speed limit to avoid reckless driving charges.

  1. Use Car Signals Appropriately

Code of Virginia Section 46.2-860 instructs drivers to use their car and turn signals in appropriate fashion in several situations. In precise terms, Section 46.2-860 mandates adequate and timely use of signals when drivers:

  • Turn or partially turn their vehicle;
  • Slow down or brake their vehicle; or
  • Stop their vehicle completely.

If a driver fails to use their signals appropriately, they may face criminal penalties for reckless driving. Therefore, drivers should always use their car signals in an adequate and timely manner to avoid reckless driving charges.

  1. Drive with a Clear View and Proper Control

Code of Virginia Section 46.2-855 requires drivers to maintain a clear view of all mirrors and proper control of the vehicle. If passengers or cargo interfere with the driver’s view or control, it qualifies as reckless driving under Section 46.2-855. Consequently, drivers must ensure that they have a clear view and proper control whenever they operate a vehicle to avoid reckless driving charges.

Do You Need Legal Help?

If you are facing criminal charges for reckless driving in Virginia, it can be profoundly productive to retain the services of a proficient criminal defense attorney. The attorneys at Simms Showers LLP have many years of combined legal experience in the field of criminal defense, including various types of reckless driving. If you need legal help with criminal defense, contact us today for a free initial consultation.



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Contact the Leesburg, Winchester & Loudoun County Attorneys of Simms Showers LLP today

Simms Showers LLP is conveniently located two blocks from the Loudoun County Courthouse. Our criminal defense firm offers a free phone consultation for criminal or personal injury cases. Se habla español. Call Simms Showers LLP for quality legal counsel today at 703-997-7821 or contact us online.

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