Virginia Reckless Driving Penalties
Reckless driving under Va. Code 46.2-852 and Va. Code 46.2-862 is a Class 1 misdemeanor. That classification sets the exposure: up to 12 months in jail, a fine of up to $2,500, and a license suspension of up to six months. Whether any part of that exposure is realised in a given case depends on the facts, the driving record, and the court. Law Offices Of SRIS, P.C. handles these matters. Call (888) 437-7747.
Jail, Fine, and Suspension
The statutory maximums describe the ceiling rather than the expected result. Courts weigh the recorded speed, whether an accident occurred, the driver’s record, and conduct at the stop. Higher speeds draw closer attention, and some jurisdictions in Virginia are known for treating very high readings seriously. A suspension imposed by the court is separate from any administrative action by the Department of Motor Vehicles.
The Record and Demerit Points
A conviction under Va. Code 46.2-862 carries six demerit points and stays on the Virginia driving record for eleven years. The criminal conviction itself does not expire from a background check in the way points expire from a driving record. For drivers whose employment depends on a clean record or a security clearance, that permanence is frequently the most significant consequence rather than the fine.
Reduction to Improper Driving
Va. Code 46.2-869 permits the judge, on a reckless driving charge, to find the accused not guilty of reckless driving but guilty of improper driving where the degree of culpability is slight. Improper driving is a traffic infraction punishable by a fine of not more than $500, not a misdemeanor. This disposition is available only from the court, and it is not something the Commonwealth can grant on its own.
Frequently Asked Questions
Will I go to jail for reckless driving?
The statute permits up to 12 months, but incarceration is not the routine outcome in every case. It depends on the recorded speed, the driving record, whether anyone was hurt, and the practice of the particular court.
How long does it stay on my record?
A conviction under Va. Code 46.2-862 carries six demerit points and remains on the Virginia driving record for eleven years. The criminal conviction itself is a separate matter and does not simply age off a background check.
What is improper driving?
A lesser disposition under Va. Code 46.2-869. The judge may find a defendant not guilty of reckless driving but guilty of improper driving where culpability is slight. It is a traffic infraction with a fine of not more than $500.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, which shapes how he reads a summons, a calibration certificate, and an officer’s notes. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the technical side of a speed case, from device records to calibration documentation. Mr. Sris and the firm’s Of Counsel attorneys handle Virginia matters together, with the division of work set at the start of the engagement.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring the summons, any paperwork the officer gave you, your court date, and your driving record if you have it. Out-of-state drivers should say so at the outset, because whether an appearance can be waived depends on the charge and the court.
Last updated: August 25, 2026
This page provides general information about Virginia traffic and criminal law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome.