A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public.
Under this law, the police officer must be able to prove that you — while either in a parking lot, on a private road, or on a public road under construction/not yet open to the public — drove in a manner that endangered the life, limb, or property of any person, including yourself. This can be proven by your speed, erratic or crazy driving, distracted driving, impaired driving, impatient driving, or risk-taking driving. There is no requirement that you get into an accident in order to be convicted of this offense. This offense is identical to Reckless Driving Generally under Virginia Code §46.2-852. The only difference is that this offense must occur either in a parking lot, on a private road, or on a public road under construction/not yet open to the public whereas the offense of Reckless Driving Generally must occur on a public road.
For example, it is considered Reckless Driving In A Parking Lot in Virginia if you — while either in a parking lot, on a private road, or on a public road under construction/not yet open to the public — speed, accelerate too quickly, drive too fast for the road or weather conditions at the time, back out of a parking spot or reverse too quickly, drive over parking spots, tailgate other cars, fall asleep behind the wheel, or are distracted to a point where your driving behavior fails.
By Michael Huff, Esq.
We are a law firm that focuses on all criminal, traffic, DUI & personal injury matters in Virginia and all U.S. immigration matters worldwide.