Reckless Driving By Excessive Speed For The Road Conditions in Virginia is punished under Virginia Code §46.2-861. That law states:
Va Code §46.2-861. Driving too fast for highway and traffic conditions.
A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
Under this law, the police officer must be able to prove that you drove too fast for the road or weather conditions at the time. During traffic congestion or inclement weather, you are required to slow down and adjust to a safe speed given the road or weather conditions at the time. You must do this even if you have to drive slower than the posted speed limit. It is reckless driving if the speed you are driving is simply too risky or dangerous for the current road or weather conditions at the time. You do not need to exceed the posted speed limit in order to be convicted of this offense.
For example, it is considered Reckless Driving By Excessive Speed For The Road Conditions in Virginia if you drive 53 mph in a posted 55 mph zone during a snowstorm or heavy rain.
By Michael Huff, Esq.