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Loudoun County Attorneys > Blog > Reckless Driving > Surveying 5 Variations Of Reckless Driving In Virginia

Surveying 5 Variations Of Reckless Driving In Virginia


Reckless driving is a criminal offense under Code of Virginia Section 46.2-852. This law prohibits any person from operating a motor vehicle in a way that threatens the safety of other people or property.

Under Code of Virginia Section 46.2-868, reckless driving is charged as a Class 1 misdemeanor or Class 6 felony. The misdemeanor version of reckless driving carries a maximum punishment of one year in jail and $2,500 in criminal fines. The felony version can result in a maximum of five years in prison and $2,500 in criminal fines. Driver’s license suspension is typically appropriate for reckless driving as well.

That is the general rule against reckless driving; now, here are five variations of reckless driving prohibited by Virginia law.

  1. Excessive Speeding

Code of Virginia Section 46.2-862 categorizes excessive speeding as a reckless driving offense. Under this section, it is unlawful to operate a motor vehicle:

  • At least 20 miles per hour above the posted speed limit; or
  • More than 85 miles per hour, regardless of the posted speed limit.
  1. Failure to Yield Right-of-Way

Code of Virginia Section 46.2-863 defines driving as reckless in certain situations of failure to yield right-of-way. Under this section, drivers must bring their vehicle to a stop immediately before entering a highway from a side road, if there is approaching traffic.

  1. Parking Lots

Code of Virginia Section 46.2-864 details how reckless driving applies to certain conduct in parking lots. Under this section, drivers cannot operate a vehicle in a way that endangers people or property on any:

  • Driveway or premises of a church, school, recreational facility, business location, or government property;
  • Premises of any industrial establishment with parking spaces for customers, patrons, or employees; or
  • Highway that is under construction and not yet open to the public.
  1. Failure to Give Proper Signals

Code of Virginia Section 46.2-860 categorizes a failure to give proper signals as reckless driving. Under this section, it is a criminal offense to not give adequate and timely signals when intending to:

  • Turn;
  • Partially turn;
  • Slow down; or
  • Stop.
  1. Obstructed View or Impaired Control

Code of Virginia Section 46.2-855 describes as reckless driving operating a vehicle with an obstructed view or impaired control. Under this section, drivers must refrain from overloading their vehicle with people or cargo. It qualifies as reckless driving if an overloaded vehicle:

  • Obstructs the driver’s view of the front or sides of the vehicle; or
  • Interferes with the driver’s control over the vehicle.

Do You Need Legal Help?

If you have legal questions about reckless driving in Virginia, it can be extremely valuable to contact an established Leesburg reckless driving attorney. The attorneys at Simms Showers LLP are eager to assist you throughout each step of your case.

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