A 46 2 862 2 Reckless Driving Charges In Virginia — What Are Your Defense Options?
A 46 2 862 2 Reckless Driving Charges In Virginia is a Class 1 misdemeanor under Va. Code § 46.2-862, carrying up to 12 months in jail, a $2,500 fine, and a 6-month license suspension. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Understanding A 46 2 862 2 Reckless Driving Charges In Virginia
The statute Va. Code § 46.2-862 defines reckless driving by speed. It makes it illegal to drive 20 miles per hour or more over the posted speed limit or in excess of 85 miles per hour regardless of the limit. This is one of the most common ways drivers face A 46 2 862 2 Reckless Driving Charges In Virginia. Unlike a simple traffic violation, this charge is a criminal misdemeanor.
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides an advantage in cases involving technical evidence like radar calibration.
Official Legal Resources
For the full text of the law, review Va. Code § 46.2-862 (official Virginia General Assembly website). Court procedures and local rules can be found on the Virginia Judicial System website.
Local Court Process for This Charge
Virginia handles these charges in General District Courts. The process is uniform statewide, though local prosecutors may have different policies on offering reductions. The key is that this charge is not prepayable; you must appear in court.
- Receive a summons with a court date for the General District Court in the jurisdiction where the alleged offense occurred.
- Appear at the arraignment to hear the formal charge and enter a plea of not guilty.
- Your attorney will review the evidence, such as the officer’s notes and calibration records for speed measurement devices.
- Engage in pre-trial negotiations with the prosecutor to seek a reduction or dismissal of the A 46 2 862 2 Reckless Driving Charges In Virginia.
- If no agreement is reached, proceed to a bench trial where a judge will hear evidence and decide the case.
- If convicted in GDC, you have 10 days to file an appeal for a new trial in Circuit Court.
Potential Penalties for a Conviction
In Virginia, a conviction for A 46 2 862 2 Reckless Driving Charges carries a penalty of up to 12 months in jail, a fine up to $2,500, a 6-month driver’s license suspension, and 6 DMV demerit points.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (Va. Code § 46.2-862) | Class 1 Misdemeanor | Up to 12 months jail | Up to $2,500 | Mandatory 6-month suspension | 6 DMV points; permanent criminal record; increased insurance rates |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience and Authority
Law Offices Of SRIS, P.C. was founded in 1997. The firm’s attorneys have over 120 years of combined legal experience handling traffic and criminal matters. Our approach is built on a deep understanding of both prosecution and defense strategies.
Documented Case Results
Our firm has achieved 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. For traffic cases like A 46 2 862 2 Reckless Driving Charges In Virginia, favorable outcomes often include reductions to non-criminal infractions, dismissals, or findings of not guilty.
Results may vary. Prior results do not aim for a similar outcome.
Our team includes former Virginia State Trooper Bryan Block, whose 15 years of law enforcement experience provides unique insight into traffic stop procedures and evidence challenges.
Law Offices Of SRIS, P.C.
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Frequently Asked Questions
Is reckless driving under Va. Code § 46.2-862 a criminal offense?
Yes. A 46 2 862 2 Reckless Driving Charges In Virginia is a Class 1 misdemeanor, which is a criminal charge. It is not a simple traffic ticket. A conviction results in a permanent criminal record, possible jail time, and a mandatory driver’s license suspension.
Can I just pay a fine for this charge and avoid court?
No. This is a non-prepayable offense. You cannot simply pay a fine online or by mail. A court appearance is mandatory, either by you or your reckless driving attorney. Failure to appear can result in a separate charge and a bench warrant for your arrest.
What is a common defense to this charge?
It depends on the evidence. A common reckless driving defense involves challenging the accuracy and calibration of the speed measurement device (radar or LIDAR). An attorney can subpoena maintenance and calibration records. Other defenses may question the officer’s observation or the posted speed limit signage.
Will I go to jail for a first-time offense?
It is possible but not guaranteed. The law allows for up to 12 months in jail. For a first-time offense with no aggravating factors, many courts may not impose active jail time, especially with an attorney who can argue for alternative penalties like a fine, driver improvement clinic, or probation.
How does this affect my driver’s license?
A conviction carries two separate consequences: a mandatory 6-month license suspension imposed by the court, and 6 demerit points added to your Virginia driving record by the DMV. The points remain on your record for two years and can lead to higher insurance premiums.
Can this charge be reduced?
Yes, reduction is a common goal. Prosecutors may agree to reduce the charge to “improper driving” (Va. Code § 46.2-869), which is a traffic infraction, not a crime. It carries a fine but no jail time, license suspension, or criminal record. Success depends on your driving history and the facts of your case.
Internal Resources: For more information, see our Virginia traffic lawyer hub page. We also assist clients with related matters like criminal defense in Virginia.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.