Welcome to S & R Law Firm
Member of:
What Is Reckless Driving in Virginia?
Reckless driving in Virginia is ordinarily a Class 1 misdemeanor, a criminal charge rather than a traffic infraction. It can rest on dangerous driving, a specific prohibited maneuver, or speed alone: 20 mph or more over the posted limit, or more than 85 mph. The code section printed on your summons tells you which accusation you face and what the Commonwealth has to prove.
The mistake we see most often is a driver treating a reckless-driving-by-speed summons as a simple speeding ticket. The officer may hand you a paper summons and let you drive away, but the charge is still criminal, it can’t be prepaid, and it has to be resolved in court. Our explanation of reckless driving versus speeding shows how to tell the two apart on your summons.
Which reckless driving law is on your summons?
Virginia has more than a dozen reckless-driving provisions. These are the ones most drivers encounter.
Speed, § 46.2-862. On a Virginia highway, either threshold is enough: 20 mph or more above the limit, or more than 85 mph regardless of the limit. 85 in a 65 qualifies; 85 in a 70 does not, though 86 in a 70 does. No accident or other dangerous conduct is required.
General reckless driving, § 46.2-852. This covers driving on a highway recklessly or in a way that endangers life, limb or property. No particular speed is required. The manner of driving and the surrounding circumstances decide the case.
Improper control or faulty brakes, § 46.2-853. This charge often follows a collision, but an accident alone doesn’t prove it. The actual allegation and evidence need review. See our page on improper control and faulty brakes.
Too fast for conditions, § 46.2-861. A speed can be unreasonable for the traffic, weather or road even when it is below the posted limit. That is a different legal theory from the numerical speed thresholds. See our page on driving too fast for conditions.
Other provisions cover specific conduct, including passing a stopped school bus and racing under § 46.2-865. Section 46.2-864 extends reckless driving to certain parking lots, driveways and other premises open to the public. The full list in the Virginia Code also includes particular passing, signaling and right-of-way offenses.
What a conviction can mean
Reckless driving is generally a Class 1 misdemeanor under § 46.2-868. The maximum punishment is 12 months in jail and a $2,500 fine, either or both, and court costs are separate. Those are limits, not a forecast. The speed or conduct, the strength of the evidence and your driving record all affect the result.
A felony requires more than high speed. Under subsection B of § 46.2-868, it applies when a driver whose license was suspended or revoked for a moving violation drives recklessly and that driving is the sole and proximate cause of another person’s death.
License consequences depend on the conviction. Section 46.2-393 allows a Virginia license suspension of 60 days to six months for convictions under §§ 46.2-853 through 46.2-864, and for nonresidents and unlicensed drivers it directs a prohibition on driving in Virginia for that period. General reckless driving under § 46.2-852 is outside that list, and racing has its own license rules. For a conviction under § 46.2-861 or § 46.2-862, the court may order the Intelligent Speed Assistance program instead. Above 100 mph under § 46.2-862, enrollment is required unless the court orders suspension. ISA means a restricted license and certified speed-limiting equipment, not unrestricted or commercial driving.
Your DMV record and criminal record are separate. Virginia DMV assigns six demerit points to reckless driving by speed and keeps the conviction on your driving record for 11 years; our DMV points page explains how points add up. That 11-year period says nothing about your criminal record. An eligible misdemeanor conviction may be sealed by petition under § 19.2-392.12 after a waiting period, subject to criminal-history and other conditions. Sealing is not automatic. Our page on expungement and record sealing explains the process.
If you hold a license from another state, a commercial license, a security clearance or a professional license, tell your lawyer early. Another state’s response to a Virginia conviction has to be checked under that state’s rules.
How we look at the evidence
In a speed case, we examine how the speed was measured, whether the evidence ties the reading to your vehicle, and whether the device’s calibration or testing is documented within the six-month period that § 46.2-882 allows. Our guide to radar, lidar and pacing evidence explains how each method is checked. Our firm has had reckless driving charges dismissed where the calibration was dated after the offense or fell outside that period and there was no adequate independent proof of accuracy. A missing or defective certificate doesn’t guarantee dismissal, because the Commonwealth may offer other admissible evidence.
Results depend on the facts and circumstances of each case. Past outcomes do not guarantee future results.
In an accident case, a collision alone doesn’t settle whether the driving was criminally reckless. Video, witnesses, visibility, vehicle condition and statements may explain what happened. Inattention can still be enough: in Commonwealth v. Cady, the Supreme Court of Virginia reinstated a conviction because a jury could find a lengthy and complete failure to keep a lookout rather than a momentary lapse. Our page on reckless driving after an accident covers these cases.
Keep the summons, original photos and video, and witness contact information. Ask before paying for a driving course or a speedometer calibration. Testing your own speedometer is different from testing the officer’s device, and mitigation doesn’t disprove the charge.
For how we handle these cases, see our Virginia reckless driving lawyer page. If your summons names the Fairfax County General District Court, our Fairfax County reckless driving lawyer page covers that court. Other courts follow their own procedures.
Frequently Asked Questions
Is it still criminal if the officer didn’t arrest me?
Yes. Virginia law allows release on a summons for motor-vehicle misdemeanors, and that release doesn’t change how the offense is classified. The Virginia courts’ payment guidance excludes reckless driving from prepayment, so the case must be resolved in court, with you present unless your appearance has been properly excused.
What does RD-GENERALLY-MISD mean on my court record?
It’s how Virginia’s online court case information labels a general reckless driving charge under § 46.2-852: “RD” stands for reckless driving and “MISD” for misdemeanor. It is a Class 1 misdemeanor, not a lesser or “general” version of the offense. Other reckless charges appear under their own labels. If the code section on the court site doesn’t match your summons, have a lawyer check it before court.
How long does reckless driving stay on my record in Virginia?
On your Virginia DMV driving record, a reckless driving conviction stays for 11 years. Your criminal record follows different rules. A conviction remains there unless it is later sealed, and petition-based sealing requires a waiting period and other conditions.
Does a clean driving record guarantee a reduction?
No. A clean record can support mitigation, but it doesn’t change the elements of the offense or require a prosecutor or judge to reduce the charge. Review the evidence and the possible consequences before deciding on a plea.
Can reckless driving be reduced to improper driving?
Sometimes. Virginia Code § 46.2-869 allows an improper-driving finding when culpability is slight and lets the Commonwealth’s Attorney reduce the charge before the court decides. Improper driving is a traffic infraction with a maximum $500 fine and three DMV demerit points. It avoids a reckless-driving misdemeanor conviction, but it is still a conviction on your driving record.
Talk with NOVADefenders about your summons
NOVADefenders, S&R Law Firm PLLC represents drivers charged with reckless driving in Northern Virginia from our office across the street from the Fairfax County courthouse. Call 703.273.6431 for a free consultation or contact us online. Have your summons, court date, alleged speed and posted limit, and licensing state ready so we can talk about what matters in your case.
Reviewed by attorney Benjamin Schaefer | Updated October 6, 2026