A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
If you do not hire an attorney, you must appear in court for all court hearings even if you are a non-Virginia resident and/or have military obligations.
If you hire an attorney and you are a Virginia resident, you must appear in court for all court hearings. However, some jurisdictions will allow you to not appear in court for all court hearings if you have an attorney and the prosecutor and/or police officer agree to not request active jail time.
If you hire an attorney and you are a non-Virginia resident and/or have military obligations and the prosecutor and/or police officer agree to not request active jail time, you do not have to appear in court for all court hearings.
Pursuant to Va. Code §19.2-8, if you are charged with Reckless Driving by Speed more than one (1) year after the occurrence of offense, the charge must be dismissed for failure to timely prosecute.
If the evidence cannot and/or does not prove that the Reckless Driving by Speed occurred in the city or county in which you are charged, the charge must be dismissed.
If the evidence proves that you were not driving a motor vehicle as defined by Va. Code §46.2-100, the charge must be dismissed.
If the evidence proves that you were not driving on a highway as defined by Va. Code §46.2-100, the charge must be dismissed.
If the police officer was not in uniform and not displaying his badge of authority when he issued you your Reckless Driving by Speed charge as required by Va. Code §46.2-882, the charge must be dismissed. This rarely happens.
If a radar or laser device was used to determine your speed and the evidence proves that the radar or laser device was not tested for its accuracy within six (6) months preceding the offense date as required by Va. Code §46.2-882, the charge must be dismissed if the evidence also proves that the police officer did not pace your car to determine your speed. This rarely happens.
If a radar or laser device was used to determine your speed and the evidence proves that the radar or laser calibration sheet is not the original version or a true copy as required by Va. Code §46.2-882, the charge must be dismissed if the evidence also proves that the police officer did not pace your car to determine your speed. This rarely happens.
If a radar or laser device was used to determine your speed and the evidence proves that the radar or laser calibration sheet does not indicate who performed the calibration as required by Va. Code §46.2-882, the charge must be dismissed if the evidence also proves that the police officer did not pace your car to determine your speed. This rarely happens.
If the evidence proves that the police officer's radar or laser device determined the speed of another car and not yours, the charge must be dismissed if the evidence also proves that the police officer did not pace your car to determine your speed. This is difficult to prove.
If a pace was used to determine your speed and the evidence proves that the police officer’s speedometer was not tested for its accuracy, the charge must be dismissed if the evidence also proves that the police officer did not use a radar or laser device to determine your speed. This rarely happens.
If a pace was used to determine your speed and the evidence proves that the police officer’s speedometer calibration sheet is not the original version as required by Va. Code §46.2-942, the charge must be dismissed if the evidence also proves that the police officer did not use a radar or laser device to determine your speed. This rarely happens.
If a pace was used to determine your speed and the evidence proves that the police officer did not follow your car at a steady speed, while maintaining an equal distance for 2/10 of a mile, the charge must be dismissed if the evidence also proves that the police officer did not use a radar or laser device to determine your speed.
If the evidence proves that the police officer is lying about your speed, the charge must be dismissed. This is very difficult to prove. This very rarely happens.
If the police officer fails to show up for trial, the charge may be dismissed for failure to prosecute.
You were driving 30mph or more over the posted speed limit. However, some judges start to impose active jail time at 35mph or more over the posted speed limit.
You were driving 100mph or more, regardless of the posted speed limit.
You have had several speed-related convictions within the last five (5) years. The definition of "several" depends on your specific judge.
You displayed excessive erratic driving behavior. For example, rapidly changing lanes, constantly changing lanes, weaving in-and-out of traffic, tailgating other cars, and/or driving in the emergency lane are considered erratic driving behavior.
You threatened the police officer.
You made the police officer’s job extremely difficult.
Depending on your specific judge, you were driving 30mph-35mph or more over the posted speed limit.
You have had several speed-related convictions within the last five (5) years. The definition of “several” depends on your specific judge.
You displayed erratic driving behavior in addition to your speed. For example, rapidly changing lanes, constantly changing lanes, weaving in-and-out of traffic, tailgating other cars, and/or driving in the emergency lane are considered erratic driving behavior.
You threatened the police officer.
You made the police officer’s job extremely difficult.
You failed to complete a driver improvement program or any other conditions that were required by the court.
You were 18 years old or older at the time you committed the offense and this Reckless Driving by Speed conviction causes you to accumulate a total of 18 demerit points within a one (1) year period or 24 demerit points within a two (2) year period.
You were 18 years old or older at the time you committed the offense and you were under a six (6) month probationary period with the Virginia DMV at the time you committed the offense.
You were 16 or 17 years old at the time you committed the offense and this Reckless Driving by Speed conviction is your second or subsequent conviction that carries demerit points.
You failed to complete a driver improvement program or any other conditions that were required by the DMV.
Reckless Driving by Speed in Newport News
Reckless Driving by Speed in Hampton
Reckless Driving by Speed in York County
Reckless Driving by Speed in Poquoson
Reckless Driving by Speed in Williamsburg
Reckless Driving by Speed in James City County
Reckless Driving by Speed in New Kent County
Reckless Driving by Speed in Middlesex
Reckless Driving by Speed in King William
Reckless Driving by Speed in Suffolk
Reckless Driving by Speed in Portsmouth
Reckless Driving by Speed in Chesapeake
Reckless Driving by Speed in Norfolk
Reckless Driving by Speed in Virginia Beach
Reckless Driving by Speed in Southampton County
Reckless Driving by Speed in Eastville County
Reckless Driving by Speed in Accomack County
Reckless Driving by Speed in Northampton County
Reckless Driving by Speed in Fairfax City
Reckless Driving by Speed in Fairfax County
Reckless Driving by Speed in Town of Herndon
Reckless Driving by Speed in Town of Vienna
Reckless Driving by Speed in Alexandria City
Reckless Driving by Speed in Loudoun County
Reckless Driving by Speed in Culpeper County
Reckless Driving by Speed in Frederick County
Reckless Driving by Speed in Winchester County
Reckless Driving by Speed in Warren County
Reckless Driving by Speed in Stafford County
Reckless Driving by Speed in Fauquier County
Reckless Driving by Speed in Shenandoah County
Reckless Driving by Speed in Spotsylvania County
Reckless Driving by Speed in Hanover County
Reckless Driving by Speed in Henrico County
Reckless Driving by Speed in Richmond City
Reckless Driving by Speed in Chesterfield
Reckless Driving by Speed in Prince William County
Reckless Driving by Speed in Manassas City
Reckless Driving by Speed in Arlington County
Reckless Driving by Speed in City of Falls Church