Virginia Code § 46.2-862 provides that a person is guilty of reckless driving by speed when driving on a Virginia highway: 20 miles per hour or more above the applicable maximum speed limit; or more than 85 miles per hour, regardless of the applicable maximum speed limit.

For example, driving 75 mph in a 55 mph zone falls within the reckless-driving-by-speed statute because it is 20 mph over the limit. Driving 86 mph can also fall within the statute even where the posted speed limit is 70 mph, because the statute separately applies to speeds over 85 mph.

Virginia is unusual in the number of different driving behaviors that can fall under its reckless-driving laws. Reckless driving by speed is only one of them.

Virginia Code Article 7 of Chapter 8 of Title 46.2 contains a series of separate reckless-driving statutes. Depending on the circumstances, a reckless-driving charge can involve conduct other than simply driving at a very high speed.

Examples include:

• General reckless driving — Virginia Code § 46.2-852 covers driving recklessly or at a speed or in a manner that endangers life, limb, or property.
• Failure to maintain proper control or inadequate brakes — § 46.2-853.
• Certain unsafe passing maneuvers — §§ 46.2-854 through 46.2-858.
• Failing to stop for a stopped school bus under the circumstances covered by § 46.2-859.
• Failing to give proper signals — § 46.2-860.
• Driving too fast for highway and traffic conditions — § 46.2-861.
• Reckless driving by speed — § 46.2-862, which applies when a driver travels 20 miles per hour or more above the applicable maximum speed limit or more than 85 miles per hour regardless of the applicable maximum speed limit.

One particularly important point is that a driver does not necessarily have to exceed the posted speed limit to face a reckless-driving charge.

Virginia Code § 46.2-861 addresses driving at a speed that is unreasonable under the highway and traffic conditions existing at the time, regardless of the posted speed limit. Conditions such as weather, visibility, traffic, curves, or other roadway circumstances can therefore matter.

Likewise, Virginia's reckless-driving laws address conduct that may have little or nothing to do with the numerical speed shown on a speedometer.

That is why it is important to look at the specific Virginia Code section listed on a summons rather than assuming that every reckless-driving charge is a reckless-driving-by-speed case.

For the complete statutory list, see the Code of Virginia — Article 7: Reckless Driving and Improper Driving.

Yes. Virginia Code § 46.2-868 provides that a person convicted of reckless driving under Virginia's reckless-driving article is generally guilty of a Class 1 misdemeanor. That makes reckless driving different from an ordinary traffic infraction. Because it is a criminal charge, drivers should take the summons seriously and carefully review the court date and instructions.

No. The Virginia Judicial System specifically states that reckless-driving charges may not be prepaid. If your summons is for reckless driving, do not assume you can simply pay the ticket online or by mail and avoid court. Check the summons and the official Virginia court case information for your scheduled court date and appearance requirements.

DMV Consequences

A reckless driving conviction can significantly affect your Virginia driving record. Reckless driving is generally a six-demerit-point violation. Most reckless driving convictions remain on a Virginia driving record for 11 years, although the demerit points themselves remain active for two years from the date of the offense.

Insurance Consequences

A reckless driving conviction may also affect your automobile insurance premiums. Insurance companies use their own rating rules, so whether your premium increases—and by how much—depends on the insurer and the individual policy. In Virginia, an insurer may apply an otherwise permitted premium increase based on a motor vehicle conviction for up to 36 months.

DMV demerit points, the length of time a conviction remains on your driving record, and the effect of a conviction on your insurance premiums are separate things.

Virginia law recognizes an offense called improper driving. Virginia Code § 46.2-869 provides that when a person is charged with reckless driving and the degree of culpability is slight, the court or jury may find the person not guilty of reckless driving but guilty of improper driving. The statute also permits an attorney for the Commonwealth to reduce a reckless-driving charge to improper driving before the court's decision. Improper driving is a traffic infraction and is punishable by a fine of not more than $500.

This does not mean that every reckless-driving charge will or should be reduced. Whether any reduction occurs depends on the facts, evidence, driving record, prosecution, and court. Ivy does not predict or advise whether a particular charge will be reduced.

For some speeding-related cases, a driver may consider obtaining a speedometer calibration. Virginia Code § 46.2-942 provides for the admission of a qualifying sworn speedometer-calibration report in a prosecution for exceeding a maximum speed limit. See the related Ivy article linked below for a full explanation. Not every person charged with reckless driving should obtain a calibration, and a calibration does not guarantee any particular result.

For many Virginia drivers, completing an 8-hour driver improvement course before court can be a positive, proactive step. Instead of waiting to see what happens in court, completing the course beforehand gives you something concrete to show the judge: you took the initiative to improve your driving knowledge and address safer driving before your court date.

There are several potential benefits to completing a Virginia driver improvement course before court:

• Show that you are being proactive.

  Completing a course before your court date can demonstrate that you took the situation seriously and voluntarily did something constructive rather than waiting for the court to require it.

• Improve your Virginia DMV point balance.

  If you take the 8-hour driver improvement clinic voluntarily and are eligible for the safe-driving-point benefit, successful completion can result in up to five safe-driving points. If you currently have demerit points from prior violations, those points can offset valid demerit points and may significantly improve the point balance shown on your Virginia driving record. Virginia allows a maximum balance of five safe-driving points.

• Give yourself something meaningful to discuss in court.

  The course is designed to teach defensive-driving techniques and safer driving practices. Completing it gives you an opportunity to explain what you learned and the steps you have taken to become a safer, more responsible driver.

• Have your completion certificate available for court.

  Completing the course before your hearing means you can have documentation of your successful completion available if you choose to present it.

• Take action before you are ordered to do so.

  Virginia permits drivers to attend a driver improvement clinic voluntarily; you do not have to wait for DMV or a court to require attendance.

One important distinction involves safe-driving points. If you voluntarily take the course before court, DMV rules generally provide for the safe-driving-point benefit when you are eligible. If the court orders you to complete a driver improvement clinic, however, the court determines whether safe-driving points will be awarded, and the appropriate court documentation must be provided to the clinic.

What is relevant depends upon the individual case. Potentially useful documents may include the summons; driver's license; current driving record; any court-requested documentation; proof of completion of a driver improvement course, if applicable; a qualifying speedometer-calibration report, if applicable; and other documents the court or an attorney has instructed the driver to bring. No particular document will necessarily affect the outcome.

A few practical steps can help avoid unnecessary problems: read the summons carefully; confirm the courthouse, date, and time; check the official Virginia court case-information system; allow enough time for parking and courthouse security; bring any documents you intend to present; and follow any instructions provided by the court. If you need advice about how to handle the charge itself, speak with a Virginia attorney.

No. No course can guarantee that a judge will reduce or dismiss a reckless-driving charge. A driver improvement or RADEP course may be required, suggested, or considered in some court-related situations, but the effect of course completion depends on the individual case and the court. Ivy does not guarantee court outcomes.

Ivy Virginia Driver Improvement provides general educational information for Virginia drivers. This information is not legal advice and does not create an attorney-client relationship. Reckless-driving charges can involve serious legal consequences, and the appropriate response depends on the facts of the individual case. Drivers seeking advice about a particular charge should consult a Virginia attorney.