§ 46.2-852 — Reckless driving generally
Class 1 misdemeanorVirginia's general reckless driving statute reaches driving that endangers life, limb, or property. It does not require a specific speed.
Law Offices Of SRIS, P.C. · Est. 1997 · Virginia
Reckless Driving Lawyer
Virginia
In Virginia, reckless driving is not a ticket. Under Va. Code § 46.2-852 and Va. Code § 46.2-862 it is a Class 1 misdemeanor — a criminal charge, prosecuted in a criminal courtroom, that becomes part of a criminal record on conviction. Drivers who assume they can mail in a payment often learn otherwise on the return date.
Law Offices Of SRIS, P.C. was founded in 1997 and practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York. Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states. Virginia traffic matters on this site are handled by counsel admitted in Virginia.
Toll-free intake line staffed 24 hours a day, 7 days a week, 365 days a year. Attorney consultations are scheduled by appointment.
1997Founded
3,528+Documented traffic results
5Virginia locations
24/7Toll-free intake line
Results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome.
02 — Why it is criminal
A misdemeanor charge that travels with your name
Virginia classifies reckless driving by statute as a misdemeanor offense rather than as an infraction, and that classification — not the severity of the driving — is what drives the consequences below.
Because these are misdemeanors and not infractions, a conviction sits on a criminal record rather than a driving abstract alone, and it is visible to employers, licensing boards, security-clearance investigators, and immigration authorities who run criminal history.
§ 46.2-862 — Reckless driving by speed
Class 1 misdemeanorA speed of 20 miles per hour or more above the posted limit, or any speed above 85 miles per hour regardless of the posted limit, falls under this section. A driver traveling 86 in a posted 70 zone is inside the statute even though the margin over the limit is small.
§ 46.2-870 — Maximum speed limits
Reference statuteVirginia's general speed limits are set by statute, and the posted limit is the reference point the two reckless driving sections above are measured against.
03 — Charges we defend in Virginia
Traffic matters handled by Virginia-admitted counsel
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Va. Code § 46.2-852
Reckless driving — general
Endangering life, limb, or property. Class 1 misdemeanor.
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Va. Code § 46.2-862
Reckless driving by speed
Twenty or more miles per hour over the limit, or above 85 miles per hour. Class 1 misdemeanor.
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Va. Code § 46.2-870
Speeding
Charges measured against the statutory limits, including matters where the alleged speed sits near the reckless driving threshold.
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Va. Code § 46.2-869
Improper driving
Recognized as a traffic infraction rather than a misdemeanor. Whether that disposition is available in any given case is a decision for the court and the Commonwealth, not something counsel can promise in advance.
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Va. Code § 46.2-894
Hit and run / leaving the scene
Sets out the duty of a driver involved in an accident involving injury or death; that offense is charged as a felony.
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Va. Code § 46.2-301
Driving on a suspended or revoked license
Class 1 misdemeanor, with additional mandatory penalties attaching to subsequent offenses.
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Va. Code § 46.2-389
License revocation exposure
Requires revocation on conviction of certain enumerated offenses.
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§ 46.2-341.1 · § 46.2-341.18
CDL defense and disqualification
The Commercial Driver's License framework and disqualification for specified offenses. A commercial driver's exposure is not limited to the personal license.
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Va. Code § 18.2-266
Driving under the influence
A first offense is a Class 1 misdemeanor. DUI and reckless driving are frequently charged out of the same traffic stop.
3,528+ documented traffic results across our five-state footprint. Results may vary. Results may vary depending on your particular facts and legal circumstances. Prior results do not guarantee a similar outcome.
04 — What we look at
The record the Commonwealth has to build
A reckless driving prosecution rests on evidence that can be examined, and the examination is the work.
- 01The stop and the basis for it
- 02Calibration and maintenance records for radar, lidar, or pace equipment where speed is alleged
- 03The officer's observations and notes
- 04The accuracy of the charging document
- 05Body-worn and in-car video where it exists
- 06The driving record the court will see at sentencing
There is no guarantee of a result. What the review determines is whether the Commonwealth's case is as strong on the return date as it looked on the roadside, and that is the question the court answers.
05 — Counsel on Virginia traffic matters
Matched to the matter, the court, and the bar
Owner and Founder · Former Prosecutor
Mr. Sris
Former prosecutor. Practicing continuously since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In 2019, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of HB 635 (chief patron Del. David Bulova). Bill history is searchable on the Virginia Legislative Information System at lis.virginia.gov.
Of Counsel · Former Virginia State Trooper
Bryan Block
Former Virginia State Trooper, on the road before the courtroom. J.D., University of Richmond (2003). Admitted in Virginia.
That prior service informs how a traffic file is read — the citation, the notes, the equipment log, and the sequence of a stop are familiar documents rather than unfamiliar ones.
Additional Of Counsel attorneys on traffic and related matters
Kristen M. Fisher
Former Prosecutor (Of Counsel). Criminal law, DUI defense, and traffic law.
Michael T. Trent
Of Counsel. Personal injury and traffic law.
Adam Wood
Of Counsel. Traffic law.
Matthew Greene
Of Counsel. Criminal law and CPS defense.
Assignment is made based on the matter, the court, and the bar where counsel must be admitted. Attorneys other than Mr. Sris hold the title Of Counsel.
06 — Where Virginia matters are handled
Five Virginia locations. By appointment only.
Fairfax
Virginia HQ 4008 Williamsburg Court, Fairfax, VA 22032 By appointment onlyRichmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 By appointment onlyAshburn
20130 Lakeview Center Plaza, Room 403, Ashburn, VA 20147 By appointment onlyArlington
2611 S Clark St Ste 600, Arlington, VA 22202 By appointment onlyWoodstock
505 N Main St, Suite 103, Woodstock, VA 22664 By appointment only
Our toll-free intake line, (888) 437-7747, is staffed 24 hours a day, 7 days a week, 365 days a year. Attorney consultations at every location are scheduled by appointment.
Virginia areas served
Virginia matters reach us from across the Commonwealth — among them Fairfax County, Arlington County, Loudoun County, Prince William County, Stafford County, Spotsylvania County, Henrico County, Chesterfield County, Hanover County, Albemarle County, Fauquier County, Culpeper County, Frederick County, Rockingham County, Augusta County, Roanoke County, York County, James City County, New Kent County, Goochland County, Louisa County, Powhatan County, Dinwiddie County, Prince George County, King William County, Isle of Wight County, Fluvanna County, Rappahannock County, Clarke County, Warren County, Gloucester County, and the cities of Alexandria, Falls Church, Manassas, Manassas Park, Fredericksburg, Virginia Beach, Chesapeake, Suffolk, Colonial Heights, Poquoson, and Lexington.
07 — How the first call works
Intake, then a scheduled consultation
- i.
The intake line answers
Our toll-free line at (888) 437-7747 is staffed 24 hours a day, 7 days a week, 365 days a year. Traffic stops and arrests do not keep business hours. Intake logs the matter, confirms conflicts, and routes the file.
- ii.
A consultation is scheduled
Consultations are by appointment with counsel whose bar admission and case experience fit the matter. Consultations are available in English, Spanish, Tamil, French, and Portuguese.
- iii.
The file is matched to counsel
Matters are routed to an attorney admitted in Virginia and experienced in the specific charge and the specific court.
08 — Frequently asked
Virginia reckless driving, answered
Is reckless driving a ticket or a criminal charge in Virginia?
It is a criminal charge. Va. Code § 46.2-852 (reckless driving generally) and Va. Code § 46.2-862 (reckless driving by speed) are both Class 1 misdemeanors under Virginia law, not traffic infractions. A conviction is a criminal conviction.
At what speed does speeding become reckless driving in Virginia?
Under Va. Code § 46.2-862, reckless driving by speed covers driving 20 miles per hour or more above the applicable limit, or driving above 85 miles per hour regardless of the posted limit. The posted limits themselves are set under Va. Code § 46.2-870.
What is "improper driving" in Virginia?
Va. Code § 46.2-869 recognizes improper driving, which is a traffic infraction rather than a misdemeanor. Whether it is available as a disposition in a particular case is decided by the court and the Commonwealth. No attorney can promise that outcome in advance.
Is driving on a suspended license a crime in Virginia?
Yes. Under Va. Code § 46.2-301, driving on a suspended or revoked license is a Class 1 misdemeanor, and mandatory penalties attach on subsequent offenses. Separately, Va. Code § 46.2-389 requires revocation on conviction of certain enumerated offenses.
Is hit and run a felony in Virginia?
Va. Code § 46.2-894 sets out the duty of a driver involved in an accident involving injury or death, and that offense is charged as a felony. Charges arising from accidents involving property damage alone are governed by other provisions and should be reviewed on their facts.
What happens to a commercial driver's license after a Virginia traffic charge?
Virginia's Commercial Driver's License framework is defined in Va. Code § 46.2-341.1, and Va. Code § 46.2-341.18 governs disqualification of a commercial license for specified offenses. A commercial driver may face consequences to the commercial credential that are separate from any consequence to the personal driving privilege.
Can reckless driving and DUI be charged out of the same traffic stop?
Yes. Driving under the influence is charged under Va. Code § 18.2-266, and a first offense is a Class 1 misdemeanor. It is common for a single stop to produce more than one charge, and each charge is defended on its own record.
How are legal fees determined?
Fees depend on the charge, the court, the posture of the case, and the work the matter requires. Fees are discussed directly during the consultation and set out in a written engagement letter. We do not quote a fee before we know the case.
Can I reach the firm outside business hours?
Yes. Our toll-free intake line at (888) 437-7747 is staffed 24 hours a day, 7 days a week, 365 days a year. Attorney consultations are then scheduled by appointment with counsel whose bar admission and case experience fit your matter.