Frequently Asked Questions

 

Q: What are the typical penalties for Reckless Driving?

A: There are many different types of “reckless driving” in Virginia:

The Reckless Driving cases for which Jail Time most often is seen is Reckless, Excessive Speed. Usually, a speed above 90 mph puts the client at risk of a jail sentence.

These are the general sentencing rules often cited by Judges in Fairfax:

1. “Drive over 80 MPH and you will Lose your License.” This would typically be from 30 to 90 days for a case in the 80-84 range, and from 3 to 6 months for cases in the 85-89 range.
2. “Drive over 90 MPH and you will Lose your Liberty. One day in jail for every mile per hour over 90.”
   

These rules are generally applied with respect to offenses committed in a 55 mile zone. In any case, the penalty will vary depending on a number of factors, including traffic conditions and previous driving record. A second or third reckless charge will usually result in much greater punishment, so it is always a good idea to avoid having that first one on your driving record.

Lower speed zones are subject to more varied penalties, generally.

Other types of Reckless Driving in Virginia include:

1. General Reckless: Defined as disregard for life, limb or property.
2. Reckless Driving; Failure to Maintain Control (often charged in accident cases)
3. Reckless Driving; Passing a School Buss while Flashing
4. Reckless Driving; Passing on a Curve
5. Reckless Driving; Driver’s View Obstructed
6. Reckless Driving; Passing 2 Vehicles Abreast
7. Reckless Driving; Driving 2 Abreast in a Lane (includes motorcycles)
8. Reckless Driving; Passing at a Railroad Crossing
9. Reckless Driving; Speed too Fast for Road Conditions
10. Reckless Driving; Racing or Aiding and Abetting Racing