When does bad driving become criminal reckless driving?

On Behalf of | Aug 14, 2024 | Criminal Defense |

Driving safely is crucial to protecting all road users. However, when a driver’s actions cross a line and pose a significant threat to others, this can lead to a charge of criminal reckless driving in Virginia. Understanding what constitutes reckless driving and its consequences is essential to avoiding this escalation and facing charges yourself.

What is reckless driving?

In Virginia, reckless driving is defined under Section 46.2-852 of the Virginia Code. It is described as driving in a manner that endangers the life, limb or property of others. This broad definition covers various dangerous behaviors on the road.

Examples of reckless driving

Certain actions can elevate careless driving to the level of reckless driving. One of the most common is excessive speeding. This can include driving over 85 or 20 over the posted speed limit.

Aggressive driving, like tailgating, weaving between lanes or failing to yield to other drivers, or ignoring traffic controls, like running red lights or stop signs can escalate careless driving to criminal charges. So to can driving under the influence or operating a vehicle while impaired by alcohol or drugs. Finally, distracted driving, like using a mobile device or engaging in activities that divert attention from driving can cause a criminal escalation as well.

Legal consequences

In Virginia, reckless driving is typically a Class 1 misdemeanor, which can lead to significant penalties. This includes fines up to $2,500. Jail time up to 12 months. Possible suspension of driving privileges for up to 6 months. Accumulation of 6 demerit points, which stay on the record for 11 years. In cases where reckless driving results in severe injury or death, the charge can be upgraded to a Class 6 felony.

Understanding the transition from bad driving to criminal reckless driving is vital for all drivers in Virginia. By adhering to traffic laws and driving responsibly, individuals can avoid the severe legal consequences associated with reckless driving.