Reckless Driving
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Understanding Reckless Driving
Defending You Against Traffic Violations
Reckless driving is more than just a traffic violation—it’s a criminal offense in Virginia that can carry severe penalties, including hefty fines, license suspension, increased insurance rates, and even jail time.
At SMITH | ASHCRAFT, we understand the serious impact a reckless driving charge can have on your life. Whether you’re accused of speeding excessively, driving dangerously, or operating a vehicle without proper control, our experienced attorneys are here to fight for your rights.
We’ll thoroughly investigate your case, challenge the evidence, and work tirelessly to reduce or dismiss the charges. Don’t let a reckless driving charge threaten your future—contact us today for skilled and aggressive legal representation.
In Virginia, reckless driving is defined as driving that endangers the life, limb, or property of any person” (per Virginia Code § 46.2-852). This broad definition encompasses many specific behaviors.
Specific Behaviors Considered Reckless Driving in Virginia
- Exceeding Posted Speed Limits: Operating a vehicle 20 miles per hour above the posted speed limit or exceeding 85 miles per hour regardless of the speed limit.
- Racing: Partaking in speed contests or racing another vehicle on a public roadway.
- Driving Too Fast for Conditions: Operating a vehicle at a speed that is unsafe given the road conditions, even if it is below the posted speed limit.
- Failure to Maintain Control: Driving in a manner that is deemed not “under control” including swerving and/or rapid changing of lanes.
- Ignoring Traffic Signals: Running red lights and/or stop signs in a manner deemed to endanger others.
- Driving with Reckless Disregard: Any form of driving which endangers others (tailgating, weaving, etc.).
- Failure to Yield Emergency Stopped Emergency Vehicle: Failing to change lanes (when available) while an emergency vehicle is stopped on the side of the road and using their lights. The overwhelming example of this is not switching lanes when a law enforcement officer has a driver pulled over on the highway.
Penalties for Reckless Driving
Reckless driving is classified as a Class 1 misdemeanor in Virginia, which can result in:
- Up to 12 months in jail.
- Fines up to $2,500.
- Suspension of a driver’s license for a period of no less than 60 days and no more than six months.
- Six demerit points on your driving record.
Defenses Against Reckless Driving Charges
If charged with reckless driving, potential defenses may include:
- Challenging the evidence the prosecution attempts to use against you
- Arguing / demonstrating the driving in question was not reckless under the circumstances.
- Arguing / demonstrating that there was justifiable reasons for driving in such a manner (e.g., a medical emergency).
If charged with one of these crimes, a SMITH | ASHCRAFT attorney will be able to help you navigate the process and provide passionate and comprehensive representation.
Call today to set a consultation with one of our experienced attorneys.
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A protective order provides individuals facing abuse or threats with protection. Understanding the intricacies and nuances in the necessary facts, filing processes, and fighting for or against a protective order is a massive advantage to SMITH | ASHCRAFT clients.
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Traffic Violations
A traffic violation can have serious consequences, from hefty fines to license suspension or even increased insurance rates. We understand how overwhelming these situations can be, and we’re here to help.

Whether you’re facing a speeding ticket, reckless driving charge, or DUI, our experienced attorneys will fight to protect your driving record, minimize penalties, and ensure your rights are upheld. Don’t let a traffic violation derail your life—contact us today for aggressive and effective representation.
Drug Offenses
In Virginia, reckless driving is defined as driving that endangers the life, limb, or property of any person.
Learn more about what a reckless driving offense entails and how we can help you.
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At SMITH | ASHCRAFT, we are proud to offer comprehensive legal services throughout Virginia. Whether you’re in Richmond, Northern Virginia, the far reaches of Roanoke, or any other part of the state, our experienced team is here to provide experienced representation tailored to your unique needs. No matter where you are in Virginia, we’re committed to delivering the same high level of service and dedication to each client, ensuring your case receives the attention it deserves.

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