Fairfax Reckless Driving Defense Attorney
Quick answer: Reckless driving in Virginia is a criminal charge, not a traffic ticket — a Class 1 misdemeanor, and a Class 6 felony in some cases involving a death. It is most serious when it follows a crash. But an accident, by itself, proves nothing: the Commonwealth has to prove how the car was being driven, and Virginia’s appellate courts have reversed many convictions on exactly that point. Attorney Sheryl Shane has more than 31 years of criminal defense experience. Call (703) 582-8119.
Two Very Different Charges
Reckless by speed (§ 46.2-862) is arithmetic: 20 miles per hour or more over the applicable limit, or in excess of 85 miles per hour regardless of the limit. That second number was raised from 80 to 85 in 2020, and a lot of what’s published online still says 80.
The general rule (§ 46.2-852) covers driving recklessly, or at a speed or in a manner that endangers life, limb, or property, irrespective of the posted limit. “Recklessly” means a disregard for the consequences and an indifference to the safety of others. The essence of the offense is not that you were driving, but the manner and circumstances of the driving.
Every form of reckless driving is a Class 1 misdemeanor under § 46.2-868. It becomes a Class 6 felony when the driver was already driving on a license suspended or revoked for a moving violation and the reckless driving was the sole and proximate cause of another person’s death. “Sole and proximate” is a real limit — but in the leading case, a rear-seat passenger’s failure to wear a seat belt did not break the chain, and the felony conviction stood.
A conviction also carries a license consequence — in one reported case, a three-month jail sentence and a six-month license suspension for reckless driving were upheld as within the statutory range.
An Accident Proves Nothing
This is the most important thing to understand about a general-rule case, and it rarely appears on other websites.
Virginia’s appellate courts have said again and again that the mere happening of an accident gives rise to no inference of reckless driving. In one case, a car traveled an erratic course for more than 900 feet and struck trees hard enough to tear the motor out — and the evidence was held insufficient. In another, a car went 362 feet out of control, with the same result. A third decision put it plainly: reckless driving is not a status offense, and a driver can’t be convicted on speculation about what caused the loss of control.
Even intoxication doesn’t prove it. Where no officer saw the driving and a DUI charge wasn’t pursued, evidence that the driver had been drinking was not enough. And the Supreme Court of Virginia reversed a conviction where a driver went fast down a neighborhood street but stayed in the travel lane, at least three feet clear of a parked van.
What Does Sustain a Conviction
Evidence about the manner of driving. In a 2021 case, a driver with music playing struck a motorcycle that was stopped directly ahead, in full unobstructed view, turn signal on, on a clear sunny day. The Supreme Court of Virginia drew the line carefully: a split-second lapse is simple negligence, but a lengthy, total, and complete failure to keep a lookout supplies the required mental state.
Convictions have also been upheld for driving 10 to 15 over on a rainy night with limited visibility while driving aggressively, and for being unable to stop when the other drivers involved could.
Falling Asleep at the Wheel
Virginia treats falling asleep while driving as negligence beyond a lack of ordinary care — enough, on its own, for reckless driving. In one case a driver had been awake 22 hours and caught himself drifting off four or five times before the crash; the court found he knew his driving would probably injure someone.
Improper Driving: the Reduction Worth Understanding
Virginia has a lesser offense called improper driving (§ 46.2-869), for cases where the driver’s culpability is slight. It is a traffic infraction, not a crime, punishable by a fine of up to $500.
Who can reduce the charge. The prosecutor can reduce reckless driving to improper driving at any time before the court decides the case. At trial, the judge can find the driver not guilty of reckless driving but guilty of improper driving, and since a 2025 amendment, so can a jury. Older cases saying only the judge could make that call were decided under the earlier wording. Either way, improper driving is not a lesser-included offense of reckless driving, so “my culpability was slight” is an argument that has to be built from the actual facts.
It changes your record. Because improper driving isn’t a lesser-included offense, a Fairfax court held that a reckless charge reduced to improper driving is treated as dismissed for record purposes. For anyone whose career depends on a background check, that distinction is worth planning for early.
Reckless Driving and DUI From One Drive
Where a reckless driving charge and a DUI arise from the same continuous operation of the car, conviction of one requires dismissal of the other under § 19.2-294.1. In one case, that rule forced dismissal of a felony fourth-offense DUI indictment because of a prior reckless conviction from the same conduct. Where the facts are genuinely separate, both can stand — so the order and structure of charges matter. If a DUI charge came out of the same stop, my Fairfax DUI defense page explains how those cases are defended.
The Driving-Record Clock
Every form of reckless driving is a six-point violation that stays on a Virginia driving record for eleven years. Here’s the comparison that matters: the same 20-over speed, if it ends up as a speeding conviction, stays on the record for five years. As reckless driving, eleven. Same road, same reading — more than twice the record life. That alone is usually reason enough to contest the charge rather than simply accept it.
Unlike DUI, a reckless driving conviction is not barred from Virginia’s sealing law, though sealing requires a separate petition years later.
Frequently Asked Questions
Can I be charged with reckless driving if I wasn’t speeding?
Yes. Under the general rule, driving in a manner that endangers life, limb, or property is reckless at any speed. But the Commonwealth has to prove the manner of driving — not just that something went wrong.
The police say the crash itself proves I was reckless. Is that enough?
No. Virginia’s appellate courts have held repeatedly that an accident alone gives rise to no inference of reckless driving, and convictions have been reversed where the cause of a crash was left to speculation.
What is improper driving, and who decides whether I get it?
Improper driving is a lesser offense for cases where the driver’s culpability is slight. It is a traffic infraction, not a crime, with a fine of up to $500. The prosecutor can reduce the charge before the case is decided, and at trial the judge — or, since 2025, a jury — can find improper driving instead of reckless. The case for it has to be built from the facts.
How long does reckless driving stay on my driving record?
Eleven years. By comparison, the same speed resolved as a speeding conviction stays for five years, which is one reason the outcome of a reckless charge matters so much.
This page is part of a broader cluster: for the full picture, see my DUI and driving offenses overview.
About the Attorney: Sheryl Shane
Sheryl Shane is a Virginia criminal defense attorney with more than 31 years of criminal defense experience, defending clients throughout Northern Virginia since 2000 in Fairfax, Arlington, Prince William, Loudoun, and Alexandria. A former arbitration judge and Guardian ad Litem, she maintains a deliberately small practice and personally handles every case she takes — from the first consultation through final resolution. Her office is located just minutes from the Fairfax County Courthouse.
This page was written and reviewed by Attorney Sheryl Shane and reflects Virginia law current through the 2026 Special Session I. This is attorney advertising; past results do not guarantee a similar outcome in any future case.
Contact Sheryl Shane
Sheryl Shane
Virginia Criminal Attorney
Office Address
4015 Chain Bridge Road
Fairfax, VA 22030
Phone
(703) 582-8119
Serving clients throughout Fairfax County, Arlington County, Loudoun County, Prince William County, Alexandria, and Northern Virginia.
This page provides general information about Virginia law and is not legal advice for any specific situation. Reading it, or contacting Virginia Criminal Attorney through this website, does not create an attorney-client relationship, and information sent before a formal engagement is established may not be treated as privileged or confidential.