Receiving a reckless driving citation often raises immediate questions about the potential consequences. One of the most common questions is, “Is reckless driving a felony in Virginia?” Reckless driving is usually charged as a Class 1 misdemeanor, but it may be charged as a Class 6 felony under certain circumstances. Understanding the distinction can help you better evaluate the seriousness of the charge.
Reckless Driving Defense in Northern Virginia
For over a decade, our team at Amable Law, PLLC, has proudly defended clients charged with traffic and criminal offenses in Winchester and throughout Northern Virginia. Regardless of whether you’re dealing with a misdemeanor or felony reckless driving case, we’re here to help you through it. You can count on us to be compassionate, accessible, transparent, and fully dedicated to your legal needs.
If you have questions about your reckless driving charge, rest assured that we have the answers.
Understanding Virginia’s Reckless Driving Laws
Unlike many minor traffic offenses, which tend to be charged as civil infractions, reckless driving is a crime that can lead to jail time, significant fines, a suspended license, and a criminal record.
Virginia Code § 46.2-852 defines reckless driving as operating a vehicle in a way that puts life, limb, or property at risk. This can include behaviors like:
- Driving with faulty brakes
- Passing a stopped school bus, in certain situations
- Driving with an obstructed view of the road
- Failing to yield the right of way when using a side road to enter a highway
- Passing another car on a highway curve
Is Reckless Driving a Felony or a Misdemeanor in Virginia?
In Virginia, reckless driving is usually a Class 1 misdemeanor. As stipulated in Virginia Code § 46.2-868, however, there are limited situations in which reckless driving may be a Class 6 felony. If both of the following things are true, prosecutors may charge a reckless driving offense as a felony:
- The driver’s license of the person operating the vehicle was suspended or revoked for a moving violation.
- The reckless driving is the sole and proximate (direct) cause of someone else’s death.
Not all reckless driving cases involving fatal crashes meet the above standards. A Virginia felony attorney can help you evaluate the facts of your particular case to see if they meet these standards.
Under certain circumstances, a reckless driving charge might also bring about additional criminal accusations, depending on the circumstances. For example, leaving the scene of an accident may cause prosecutors to consider whether a hit-and-run charge may apply in addition to reckless driving.
Reckless Driving Penalties in Virginia
The exact criminal consequences of a reckless driving conviction vary based on whether the offense is charged as a misdemeanor or a felony. Penalties for a Class 1 misdemeanor reckless driving conviction may include:
- Up to 12 months in jail;
- A fine of up to $2,500
- Suspension of driving privileges
If reckless driving is charged as a Class 6 felony under Virginia Code § 46.2-868, the potential consequences are much greater, although the outcome of each individual case may vary based on the facts and the legal process. A Class 6 felony conviction can carry penalties of:
- One to five years of imprisonment, or up to 12 months in jail, at the discretion of the court or jury
- Up to a $2,500 fine
- Suspension or revocation of driving privileges
In addition to penalties that may be imposed by the court, the Virginia DMV assesses up to six demerit points for reckless driving convictions. This is the highest number of demerit points that can be assessed for a moving violation conviction.
Having a conviction, especially a felony conviction, on your permanent record can also negatively impact your insurance rates, employment, and commercial driving status.
What Should You Do After a Reckless Driving Charge?
If you have been charged with reckless driving, it is important to take the allegation seriously, even if no accident occurred. Avoid assuming that paying a fine will resolve the matter, as reckless driving is generally a criminal offense that requires a court appearance.
Preserve any evidence that may support your defense, such as photographs, dash camera video, repair invoices, or witness contact information. Carefully review the citation under the guidance of a legal professional so you understand the charge against you. You should seek legal advice at the earliest opportunity to learn about your options and the potential penalties you face under Virginia law.
FAQs
Can Excessive Speed Result in a Reckless Driving Charge in Virginia?
Under Virginia’s laws, speeding can result in a reckless driving charge, even without an accident. Virginia Code § 46.2-862 stipulates that a person may be charged with reckless driving for driving 20 mph or more above the applicable speed limit, or above 85 mph, regardless of the posted speed limit.
Will a Reckless Driving Conviction Stay on My Virginia Driving Record?
A reckless driving conviction can remain on a Virginia driving record for an extended period. According to the Virginia Department of Motor Vehicles, convictions for reckless driving offenses usually stay on a driver’s DMV record for 11 years. Having a conviction on your record may also affect insurance premiums and certain employment opportunities.
How Common Are Speed-Related Traffic Fatalities in Virginia?
Speeding is a common contributing factor in serious crashes across the Commonwealth. The Virginia Department of Motor Vehicles reports that 410 individuals lost their lives in speed-related accidents in Virginia in 2024. At the federal level, the National Highway Traffic Safety Administration reports that 11,288 people were killed in speeding-related traffic accidents in 2024.
How Often Are Drivers Convicted of Speeding in Virginia?
Convictions for speeding violations are fairly common across Virginia. In 2024, there were 231,874 speeding convictions in Virginia, as reported by the Virginia Department of Motor Vehicles.
Some drivers will face only a civil infraction for speeding, while others may be charged with criminal reckless driving. The charges that drivers face depend on the speed at which they were going and the circumstances of the offense.
Hire a Felony Lawyer in Northern Virginia
At Amable Law, PLLC, we have experience defending reckless driving clients in the Winchester/Frederick County General District Court, as well as other county courts across Northern Virginia. We are highly familiar with local court processes and are prepared to help you protect your rights. If you’re seeking to hire a felony lawyer, reach out to our Winchester office to schedule a consultation today.
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