Top Virginia DUI
& Criminal Defense
Lawyers
Reckless Driving Defense Attorney in Fairfax, Virginia
Serious Traffic Charges Demand Serious Defense
Virginia treats many traffic offenses as criminal charges. Many drivers don’t realize a “ticket” for reckless driving can lead to license suspension, a permanent criminal record, or even jail time. Reckless driving charges are not pre-payable, meaning you must appear in court. Crowley Peritz Law is here to guide you through every step across all Northern Virginia courts.
What Constitutes Reckless Driving in Virginia?
Virginia classifies reckless driving as a Class 1 misdemeanor unless limited exceptions apply. It’s one of the most serious misdemeanors in the Commonwealth.
General Reckless Driving (§ 46.2-852)
Operating any vehicle “recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person,” regardless of posted limits.
Reckless Speeding (§ 46.2-862)
Includes:
- 20 mph or more over the posted limit, or
- Any speed over 85 mph, regardless of posted speed.
Penalty: Mandatory minimum fine of $250 if using a handheld device at the time.
Other Forms Defined as Reckless Driving
Virginia law includes many behaviors under reckless driving, including (but not limited to):
- Improper control or faulty brakes (§ 46.2‑853)
- Passing on a crest or curve (§ 46.2‑854)
- Driving with view obstructed or impaired control (§ 46.2‑855)
- Failing to signal (§ 46.2‑860)
- Passing a stopped school bus (§ 46.2‑859)
- Aggressive driving or racing (§ 46.2‑868.1 / § 46.2‑867)
- Driving too fast for conditions (§ 46.2‑861)
- Failing to yield right-of-way (§ 46.2‑863)
- Reckless driving in parking lots (§ 46.2‑864)
Some of the more common types of reckless driving include:
- General Reckless Driving (typical in accident cases) 46.2-852
- Reckless Speeding (20 mph or more above the speed limit, or any time a driver is above 85 mph or more) 46.2-862
- Driving too fast for conditions (often charged during bad weather conditions) 46.2-861
- Passing a stopped school bus 46.2-859
- Aggressive driving (charged during “road rage” incidents) 46.2-868.1
- Racing 46.2-867
- Failure to yield or reduce speed when approaching stationary vehicles with warning lights (police, fire, and rescue, VDOT, etc.) 46.2-861.1
- Driving vehicle not under control/faulty brakes 46.2-853
- Passing on a crest or a curve 46.2-854
- Obstructed view 46.2-855
- Passing two abreast 46.2-856
- Reckless driving on parking lots 46.2-864
- Failure to signal 46.2-860
- Failure to yield §46.2-860
Penalties for Reckless Driving
Misdemeanor Reckless Driving (§ 46.2-868)
- Class 1 misdemeanor: Up to 12 months in jail, a $2,500 fine, and 6 demerit points on your DMV record.
- Potential license suspension up to 6 months, depending on the court and offense severity.
- For handheld device usage, minimum fine of $250 applies.
- Misdemeanor convictions remain on your criminal record indefinitely and can raise insurance rates significantly.
When Reckless Driving Becomes a Felony
Although rare, reckless driving can escalate to a Class 6 felony in these scenarios:
New Speed-Limiting Device Law Effective July 1, 2026
Virginia’s HB2096 authorizes judges to order installation of a speed‑limiting device (Intelligent Speed Assistance) instead of suspending the license—for reckless speeding of 100 mph or more. It is optional, but mandatory for speeds over 100 mph unless the court opts for a traditional suspension. This makes Virginia a leader in tech-based sentencing.
Building a Strong Defense Strategy
With nuanced and high-stakes traffic cases, Crowley Peritz Law brings experience and precision in defense planning. Common lines of defense include:
- Challenging the accuracy of radar or speed-measuring instruments.
- Questioning whether your speedometer was properly calibrated.
- Arguing you were driving within safe conditions or weather-related defenses.
- Contesting witness reliability, road conditions, or misapplication of law.
- Mitigation efforts such as strong driving record, completion of driver improvement programs, school or military status, or community service.
Seeking reductions to “Improper Driving” (non-criminal infraction) § 46.2‑869—no jail, no demerit points, no permanent record.
Why Choose Crowley Peritz Law?
- Fairfax & Northern Virginia Traffic Court Experience — Local knowledge of judges and prosecutors gives us the edge.
- Customized Defense Strategies — No two cases are the same. You get the defense tailored to your facts and goals
- Aggressive, Knowledge-Driven Representation — Your license, record, and future are on the line—we fight for you.
Compassionate, Clear Communication — Legal stress is real. We guide you every step of the way with respect and clarity.
Reckless Driving Defense FAQs
What counts as reckless driving in Virginia?
Driving 20+ mph over the limit, above 85 mph, or unsafe driving that endangers others.
What are the penalties?
Up to 12 months in jail, $2,500 fine, 6 DMV points, and license suspension.
Can charges be reduced to Improper Driving?
Yes, with strong mitigation or a clean record, prosecutors may reduce it to a traffic infraction.
When does reckless driving become a felony?
If it causes a death while on a suspended license, or during fatal racing incidents.
Can I take a class to help my case?
Yes. Driver improvement or aggressive driving courses often help reduce penalties.
Take Action and Protect Your Rights Now
If you’re charged with reckless driving or suspect it’s coming, time matters. Mistakes today (like ignoring citations) can lead to warrants or higher stakes court outcomes.
Call Crowley Peritz Law at (571) 609-3306
Or Contact Us Online to arrange your confidential consultation.
We serve clients across Fairfax, Arlington, Alexandria, Falls Church, Vienna, and throughout Northern Virginia.
Practice Areas
Client Reviews
Contact Us
Free Consultation
Available 24/7
Over 20 Years of Combined Experience
