Manassas & Prince William County Reckless Driving Lawyers

Prince William & Manassas Reckless Driving Frequently Asked Questions

What Constitutes Reckless Driving in Virginia?

A reckless driving summons in Virginia is a criminal charge. Start with the statute on your summons: reckless driving by speed, the general reckless driving rule, and racing involve different questions. An accident alone does not establish reckless driving.

Dischley Law represents drivers in Manassas and Prince William County, as well as Fairfax and surrounding Virginia courts. We review what the government must prove, the available evidence, and the consequences that matter to you.

Before court, read our reckless driving preparation and mitigation guide. Discuss any proposed class, calibration or other preparation with your lawyer.

Reckless Driving by Speed in Prince William County

Under Virginia Code § 46.2-862, driving 20 mph or more above the applicable limit or above 85 mph meets the statutory speed threshold for reckless driving. An allegation of 86 mph in a 70 mph zone meets that threshold even though it is less than 20 mph over the limit. The Commonwealth still has to prove the charge.

What We Examine in the Evidence

We start with how the officer measured speed, whether the measurement can be connected to your vehicle, and what the officer could observe. Virginia Code § 46.2-882 addresses speed-measurement devices and evidence of their accuracy. The relevant records, recordings, and testimony deserve review before deciding whether to negotiate or try the case.

Tell us about traffic, visibility, road conditions, any break in the officer’s observation, and statements made during the stop. Preserve original dashcam files and witness information. For an accident-related charge, we need to examine the evidence of how the vehicle was driven, rather than assume that an accident proves the offense.

The General Reckless Driving Statute

• § 46.2-852. Reckless driving; general rule. Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

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Is Reckless Driving a Misdemeanor?

Most Virginia reckless driving offenses are classified as a Class 1 Misdemeanorin Virginia. Class 1 misdemeanors in Virginia are punishable by a maximum penalty of up to 12 months in jail and/or a fine of $2,500.00. Additionally, a conviction for reckless driving in Virginia could result in a suspension of your license for up to six months. Furthermore, the Virginia DMV assesses six (6) points for a reckless driving conviction and it stays on your driver’s record for eleven (11) years and may have lasting criminal-record consequences. Certain aggravated circumstances can change the classification and penalties.

What Is Considered Reckless Driving?

As the title of the law denotes, this law prohibits the reckless operation of a motor vehicle. This reckless operation can be speed, driving behavior, or a combination thereof, any of which endangers the life, limb, or property of another person. The focus of this law is the manner of operation. In fact, the term “Recklessly” has been defined by Virginia appellate courts as a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb, or property.

An Example of Reckless Driving Would Be:

• A vehicle traveling at a high rate of speed, changing lanes without signaling and in close proximity to other vehicles, and essentially weaving in and out of traffic
• In this situation, the speed and manner of operation are endangering the other drivers on the road and there is a high probability that the driving behavior could result in injury to another

However, this example is not always the case. What about the driver who crosses into the shoulder 100 feet before the place where the exit begins? Is he guilty of reckless driving? Many might say yes but others will say no. However, it depends on a variety of other factors. Traffic conditions, weather conditions, road impediments, speed, etc.

Are Accidents Considered Reckless Driving?

Almost any motor vehicle accident, from the most severe to the most minor, may end up with a reckless driving charge. This is particularly true when the state police is the investigating agency. But remember, the mere happening of an accident does not give rise to any inference of reckless driving. In fact, reckless driving should not be considered a status offense by the Virginia court, and a conviction cannot be premised upon “speculation and conjecture as to what caused the accident.”

While most people will agree, absent circumstances that rise to the level articulated in the foregoing section, a simple accident will not result in a conviction of reckless driving in Virginia but that premise may not be taken for granted. Depending on a variety of factors, including the statements made by the driver at the time of the accident, a judge may find beyond a reasonable doubt that you are guilty of reckless driving.

Why You Should Hire A Criminal Defense Attorney

An experienced criminal defenseattorney focusing on traffic law can help you navigate Virginia courts to avoid a conviction of reckless driving. Regardless of whether you feel the charge is just or not, a Manassas reckless driving attorney can assess the evidence and explain whether a trial, negotiation or mitigation approach makes sense. Because this offense is so serious and classified as criminal, consulting with an experienced traffic lawyer is critical to protect yourself, your driving record, and your livelihood.

Don’t just accept these charges without a fight. Call Dischley Law, PLLC today at (703) 215-9337to schedule a free initial telephone consultation with our Manassas reckless driving lawyers.

Understand Your Options Before Deciding

David J. Dischley and Patrick T. O’Brien are former prosecutors. Shalev Ben-Avraham is a former Senior Assistant Public Defender. Meet our legal team, review selected case results, and read client reviews. Prior results do not predict your outcome.

Have your summons, court date and driving record available when you call. For court information, use the official Prince William General District Court website. Confirm your own appearance requirements with your lawyer and court paperwork.

Your Prince William Court Date and Our Manassas Office

The Prince William General District Court is at 9311 Lee Avenue, Manassas, VA 20110. Check your summons and later court notices for your own court, appearance time, and requirements. A general docket schedule does not replace your case notice.

Our Manassas office is at 9255 Center Street, Suite 300B, Manassas, VA 20110. Have your summons, driving record, court date, and any relevant recordings available for your consultation. If you live outside Virginia, tell us where you are licensed and whether you hold a commercial license so we can discuss the issues requiring review.

Read our reckless driving mitigation guide before selecting a course or other preparation. Request a free initial telephone consultation or call (703) 215-9337 to discuss the evidence and your options.

Prince William Reckless Driving Case Study

Read an anonymous Prince William reckless-driving case study involving a reduction to improper driving. A fine and court costs remained on the amended charge. Past results do not guarantee a similar outcome.