Is Reckless Driving A Misdemeanor Or A Felony In Virginia?
Is reckless driving a misdemeanor or a felony in Virginia? Under Virginia law, reckless driving is a Class 1 misdemeanor, not a felony. This serious traffic violation carries penalties of up to 12 months in jail, a $2,500 fine, and a 6-month license suspension. The Law Offices Of SRIS, P.C. provides strong reckless driving defense across the state.
Virginia’s Reckless Driving Statute
Virginia law defines reckless driving broadly under Va. Code § 46.2-852 as driving “in a manner so as to endanger the life, limb, or property of any person.” More specific actions are also classified as reckless, such as driving 20 mph or more over the posted speed limit or exceeding 85 mph regardless of the limit (Va. Code § 46.2-862). This is a criminal driving offense, not a simple infraction.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, review Va. Code § 46.2-852 (official Virginia General Assembly). Court procedures and local rules can be found on the Virginia Judiciary website.
Understanding the Charges and Process
Because reckless driving is a Class 1 misdemeanor, you must appear in court. The charge is not prepayable. In Virginia courts, prosecutors often seek active jail time for high-speed cases. An experienced reckless driving attorney knows how to negotiate for reductions, such as to improper driving, which is a traffic infraction.
- Receive your summons with a mandatory court date.
- Consult with a reckless driving defense lawyer immediately.
- Your attorney will review the evidence, such as radar calibration records.
- Appear in General District Court for arraignment and potential trial.
- If convicted, you have 10 days to file an appeal for a new trial in Circuit Court.
Potential Penalties for Reckless Driving in Virginia
In Virginia, reckless driving is a Class 1 misdemeanor carrying up to 12 months in jail, a $2,500 fine, a 6-month license suspension, and 6 DMV demerit points.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (General) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Up to 6-month suspension | 6 DMV points, criminal record, increased insurance |
| Reckless Driving (≥85 mph or ≥20 over) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Up to 6-month suspension | Mandatory minimum fine often applied |
| Improper Driving (Reduction) | Traffic Infraction | None | Up to $500 | 3 DMV points | No criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia Traffic Cases
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to traffic cases. Our firm-wide track record includes over 4,739 documented results with a favorable outcome rate exceeding 93%. Our approach is grounded in a detailed understanding of Virginia’s traffic laws and court procedures.
Case Results and Defense Strategy
Our firm-wide results across Virginia, Maryland, New Jersey, New York, and DC include over 4,739 documented cases with a 93%+ favorable outcome rate. In Virginia traffic cases, our defense strategies often involve challenging the accuracy of speed measurement devices, negotiating for charge reductions, and presenting mitigating evidence to the court. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Virginia Traffic Defense Lawyers
Our Fairfax location is centrally located for clients across Northern Virginia. We serve all Virginia communities. For a reckless driving lawyer near you, contact us for a 24/7 phone consultation. Meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is reckless driving a misdemeanor in Virginia?
Yes. Reckless driving is a Class 1 misdemeanor in Virginia, which is a criminal charge. It is not a simple traffic ticket.
Can you go to jail for reckless driving in Virginia?
Yes. A conviction for this Class 1 misdemeanor carries a maximum penalty of up to 12 months in jail. Judges can impose active jail time, especially for high-speed offenses.
What is the difference between reckless driving and a felony?
In Virginia, reckless driving is a misdemeanor, not a felony. Felonies are more serious crimes with potential state prison sentences over one year. A misdemeanor like reckless driving has a maximum jail term of one year.
Should I get a lawyer for a reckless driving ticket?
Yes. Because this is a criminal misdemeanor with jail and license risks, a reckless driving attorney is essential. A lawyer can protect your rights, challenge evidence, and seek a reduction to a non-criminal violation.
How long does a reckless driving conviction stay on your record?
A conviction for this misdemeanor becomes a permanent part of your criminal record in Virginia. It will also add 6 demerit points to your DMV record, which remain for 2 years.
What is a common defense to reckless driving by speed?
A common reckless driving defense involves challenging the calibration and operation of the speed-measuring device. Your attorney may also present evidence of a clean driving record or emergency circumstances to seek a reduction.