§ 46.2-852
General reckless driving
Driving in a manner that endangers life, limb, or property. Charged after accidents, school-bus violations, and unsafe maneuvers.
Va. Code § 46.2-852 · Class 1 Misdemeanor
Reckless Driving
Lawyer Virginia
A reckless driving summons in Virginia is a criminal charge,not a speeding ticket. An ordinary interstate stop on I-95,I-81,or I-64 can put a misdemeanor conviction on a permanent record — with consequences for employment,security clearances,insurance,and commercial licensing.
Law Offices Of SRIS,P.C.,founded in 1997,defends drivers charged with reckless driving in General District Courts and Circuit Courts across the Commonwealth. Mr. Sris,Owner and Founder,is a former prosecutor admitted in Virginia,Maryland,the District of Columbia,New Jersey,and New York.
Founded 1997 · Mr. Sris,Owner and Founder · Former Prosecutor · Admitted in VA,MD,DC,NJ,NY · Five Virginia locations,by appointment · Intake line staffed 24/7
Posted 55 mph highway75mph
Posted 70 mph interstate86mph
Any road,any posted limit85+mph
20 mph or more over the applicable maximum — or any speed above 85 mph regardless of the posted limit — is a Class 1 misdemeanor in Virginia.
3,528+documented traffic case resultsin Virginia courts,including reckless driving matters dismissed,reduced,or amended. Results may vary.
1997Firm founded
120+Years combined experience
5Virginia locations,by appointment
24/7Intake line staffed
01 — The statute
What Reckless Driving Means in Virginia
Virginia treats reckless driving as a criminal offense under Va. Code § 46.2-852,which covers driving on any highway recklessly or at a speed or in a manner that endangers the life,limb,or property of any person. The statute is broad,and officers charge it in situations that range from a single-vehicle accident on a wet road to passing a stopped school bus. The most common charge,however,is reckless driving by speed under Va. Code § 46.2-862. On a 70 mph interstate,86 mph is a misdemeanor. On a 55 mph highway,75 mph is a misdemeanor. Many drivers do not learn they were charged with a crime until they read the summons closely.
The Class 1 misdemeanor designation is what separates reckless driving from an infraction. A conviction produces a criminal record that appears on background checks,and it carries demerit points that Virginia DMV applies and that most other states will honor through their own licensing agencies. The court hears the charge in the General District Court of the county or city where the stop occurred,and a driver who is dissatisfied with the result may appeal to the Circuit Court. Whether a reduction,a dismissal,or an acquittal is realistic depends on the facts of the stop,the speed-measurement evidence,the driver's record, and the practices of the particular court. Results may vary.
§ 46.2-862
Reckless driving by speed
20 mph or more over the applicable maximum, or any speed above 85 mph regardless of the posted limit.
§ 46.2-869
Improper driving
A judge may find a driver not guilty of reckless driving but guilty of improper driving — a traffic infraction rather than a misdemeanor.
02 — The defense
How Mr. Sris and the Firm's Of Counsel Attorneys Handle Reckless Driving Cases
Every case begins with the charging document and the evidence behind it. Court appearances in Virginia General District Court move quickly,and the approach varies by locality because prosecutors and judges across the Commonwealth handle reckless driving differently.
01
Read the summons
The exact code section charged,the alleged speed and posted limit,and the location — each detail determines which defenses are available.
02
Test the measurement
Radar,lidar,and pacing each have calibration and operating requirements. The Commonwealth carries the burden of proving the reading is reliable.
03
Build the driver's file
A certified driving record, a driver-improvement course where appropriate, a speedometer calibration, and documentation of employment and licensing stakes.
04
Appear and prepare for trial
Each case is prepared for trial while pursuing any reduction or dismissal the evidence and the driver's record support.
Out-of-state and commercial drivers.In many Virginia General District Courts,a driver represented by counsel can have the attorney appear on their behalf without traveling to court,depending on the court's practice and the nature of the charge. Because the firm's attorneys also hold admissions outside Virginia,out-of-state drivers can work with counsel familiar with how a Virginia conviction is reported to a home-state licensing agency.
Call (888) 437-774703 — The attorneys
About Mr. Sris and the Firm's Of Counsel Attorneys
Owner & Founder · Former Prosecutor
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and has practiced continuously since founding the firm in 1997. He is a former prosecutor, and he now defends the same categories of charges from the other side of the courtroom. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background at George Mason University in accounting and information systems is applied to complex financial and technology-related cases.
Of Counsel · Former Virginia State Trooper
The firm's Of Counsel attorneys contract directly with the firm and are admitted in specific jurisdictions;not every attorney is admitted in every state. Their backgrounds include prior service as a Virginia State Trooper and prior work as a prosecutor — direct familiarity with how stops are conducted,how speed is measured,and how charges are presented in court.
Reckless driving matters in Virginia are handled by counsel admitted in Virginia. Together,Mr. Sris and the firm's Of Counsel attorneys bring over 120 years of combined legal experience across the firm's five-state footprint. Results may vary.
Of Counsel attorneys contract directly with the firm and are admitted in specific jurisdictions;not all attorneys are licensed in all states. Reckless driving matters in Virginia are handled by counsel admitted in Virginia.
04 — Where we appear
Virginia Locations
Law Offices Of SRIS,P.C. maintains five Virginia locations. Each is by appointment only;there are no walk-in hours. Call (888) 437-7747 to schedule.
Fairfax
4008 Williamsburg CourtFairfax,VA 22032(703) 636-5417
By appointment. Call (888) 437-7747 to schedule.
Richmond
7400 Beaufont Springs Drive,Suite 300,Room 395Richmond,VA 23225(804) 201-9009
By appointment. Call (888) 437-7747 to schedule.
Ashburn
20130 Lakeview Center Plaza,Room 403Ashburn,VA 20147(571) 279-0110
By appointment. Call (888) 437-7747 to schedule.
Arlington
1655 Fort Myer Dr,Suite 700,Room 719Arlington,VA 22209(703) 589-9250
By appointment. Call (888) 437-7747 to schedule.
Woodstock
505 N Main St,Suite 103Woodstock,VA 22664(888) 437-7747
By appointment. Call (888) 437-7747 to schedule.
Statewide court coverage
General District Courts and Circuit Courts across the Commonwealth,including I-95,I-81,I-64,and I-66 corridor localities.
05 — Questions
Frequently Asked Questions
Is reckless driving a criminal offense in Virginia?
Yes. Reckless driving under Va. Code § 46.2-852 is a Class 1 misdemeanor,the most serious class of misdemeanor in Virginia. A conviction creates a criminal record,not just a traffic entry,and it can appear on employment background checks,security clearance reviews,and professional licensing applications. It also carries demerit points on a Virginia driving record,and most other states apply their own points or consequences when a Virginia conviction is reported to them. Because the charge is criminal,you have the same rights you would have in any other misdemeanor case,including the right to counsel,the right to see the evidence against you,and the right to a trial. For guidance on your specific situation,reach Law Offices Of SRIS,P.C. at (888) 437-7747.
What speed is considered reckless driving in Virginia?
Under Va. Code § 46.2-862,a driver is guilty of reckless driving at 20 miles per hour or more over the applicable maximum speed limit,or at any speed above 85 miles per hour regardless of the posted limit. On a 70 mph interstate,86 mph meets the threshold. On a 55 mph road,75 mph meets it. Many drivers receive the charge on I-95,I-81,I-64,and I-66,where limits change between segments and enforcement is active. Speed is not the only basis for the charge;Va. Code § 46.2-852 separately covers driving in a manner that endangers life,limb,or property,which officers sometimes charge after an accident. To discuss the details of your matter,contact Law Offices Of SRIS,P.C. at (888) 437-7747.
Do I have to come back to Virginia for my reckless driving court date?
In many Virginia General District Courts,a driver represented by counsel can have the attorney appear on their behalf without the driver traveling to court,depending on the court's practice and the nature of the charge. This is a common concern for drivers who live in Maryland, the District of Columbia, New Jersey, New York, and beyond, and for commercial drivers who cannot take a day off the road. Whether an appearance can be waived is decided court by court, and some courts require the driver to be present for certain outcomes. Mr. Sris and the firm's Of Counsel attorneys can tell you what the specific court requires once they know where the summons was issued. For a consultation,reach Mr. Sris and the firm's Of Counsel attorneys at (888) 437-7747.
Can a Virginia reckless driving charge be reduced?
Virginia law gives the court a specific lesser alternative. Under Va. Code § 46.2-869, a judge hearing a reckless driving charge may find the driver not guilty of reckless driving but guilty of improper driving, which is a traffic infraction rather than a misdemeanor. Courts also sometimes amend a charge to simple speeding or dismiss it, and the outcome depends on the driving record, the alleged speed, the strength of the speed-measurement evidence, any steps the driver has taken since the stop, and the practices of the particular court. Mr. Sris and the firm's Of Counsel attorneys prepare each case for trial while pursuing the reduction the facts support. Results may vary. For guidance on your specific situation,reach Law Offices Of SRIS,P.C. at (888) 437-7747.
What should I bring to a consultation about a reckless driving charge?
Bring the summons itself,since the code section,the alleged speed,the posted limit,the location,and the court date are all printed on it. Bring your driver's license and, if you have it, a copy of your driving record from your home state. If you hold a commercial driver's license,a security clearance,or a professional license,mention it,because those affect the stakes and the strategy. If you have already completed a driver-improvement course or had your speedometer calibrated,bring the documentation. Consultations are scheduled by appointment through the intake line,which is staffed 24/7. To discuss the details of your matter,contact Law Offices Of SRIS,P.C. at (888) 437-7747.
Charged with reckless driving in Virginia?
Request a consultation with Law Offices Of SRIS,P.C. Consultations are scheduled by appointment,and the intake line is staffed 24/7 to take your call.