Below is a general description of the most often charged Virginia reckless driving offenses in HamptonRoads. Please contact the law firm to discuss more in detail any below offense you may of been charged with.
§ 46.2-852. Reckless Driving, General: This statute tends to be the catch-all statute for all types of reckless driving allegations. It is broadly worded, “any person who drives a vehicle on any highway recklessly or at a speed or in a manner”, but still the Commonwealth must proof that the alleged behavior “endanger{ed} the life, limb, or property of any person” to obtain a reckless driving conviction.
§ 46.2-853. Driving vehicle which is not under control; faulty brakes: This tends to charged in conjunction with an accident.
§ 46.2-854. Passing on or at the crest of a grade or on a curve.
§ 46.2-855. Driving with driver’s view obstructed or control impaired. This tends to be charged in conjunction with an accident.
§ 46.2-856. Passing two vehicles abreast.
§ 46.2-857. Driving two abreast in a single lane.
§ 46.2-858. Passing at a railroad grade crossing.
§ 46.2-859. Passing a stopped school bus. Often times clients just never see a school bus stopped because they are focusing on something else. Rarely do clients intentionally pass a stopped school bus. Unfortunately, not seeing a school bus that is stopped or not intentionally trying to pass one that is stopped is not a defense by itself (it can be relevant though as mitigating evidence). The good news is that there are defenses that are available and which can be discussed with the law firm.
§ 46.2-860. Failing to give proper signals.
§ 46.2-861. Driving too fast for highway and traffic conditions.
§ 46.2-862. Exceeding speed limit. Anyone going over 19 miles above the posted speed limit or anyone traveling 80 miles an hour and above will be charged with reckless driving
§ 46.2-863. Failure to yield right-of-way.
§ 46.2-864. Reckless driving on parking lots, etc.
46.2-865 Racing: Racing is also a reckless driving offense, however, a punishment can be more serious than the other reckless driving offenses. If found guilty of racing, a driver can lose his or her license for a minimum of 6 months and up 2 years (compared to the other reckless driving charges which limit suspension to 6 months).