How Do I Fight a Reckless Driving Charge in Virginia?

 Posted on September 19, 2025 in Criminal Defense

Unlike a simple speeding ticket, reckless driving is a criminal offense that can affect your freedom, your finances, and your future. If you have been accused of this offense, an experienced Fairfax County, VA reckless driving defense lawyer can help you understand what the law says and what penalties you could face. More importantly, your attorney will help you fight the charges.

How Does Virginia Law Define Reckless Driving?

Virginia law outlines several ways a driver can be accused of reckless driving. Under Va. Code § 46.2-852, a person may be guilty if they operate a vehicle "in a manner so as to endanger the life, limb, or property of any person." This is a broad rule that gives police officers and prosecutors room to apply the charge in many different situations.

For example, Va. Code § 46.2-862 says you can be charged with reckless driving if you are going 20 miles per hour or more over the speed limit, or if you drive faster than 85 miles per hour, no matter what the speed limit is. Even if the road is clear and conditions seem safe, simply exceeding these speeds can lead to a reckless driving charge.

Reckless driving can also be charged for specific behaviors, such as passing a school bus, racing, or driving with faulty brakes. It is typically treated as a Class 1 misdemeanor. Under Va. Code § 18.2-11, the maximum penalties for a Class 1 misdemeanor can include up to 12 months in jail, fines of up to $2,500, and a suspension of your driver’s license for six months. A conviction also adds six points to your driving record, which can raise your insurance rates and stay on your record for 11 years.

Possible Defenses Against a Reckless Driving Charge in Virginia

There are different ways to defend against a reckless driving charge, depending on what happened. Your lawyer may:

• Show your driving was not reckless: The state must prove your actions were truly dangerous for the charges to stick.

• Explain an emergency: A medical issue, car trouble, or another urgent situation may have forced you to act the way you did.

• Ask for a reduction to improper driving: This is a lesser offense with smaller penalties and no criminal record.

• Question who was driving: If it is not clear that you were the driver, the case may be weak.

• Challenge speed evidence: Police use radar, lidar, or pacing to measure speed, but these tools must be accurate and used correctly. We recently had a client who was charged with reckless driving. With a challenge to radar calibration, we won and got the case dismissed.

• Present positive factors: A good driving record or taking a driver safety class can sometimes help reduce penalties.

Contact a Fairfax County, VA Reckless Driving Defense Attorney

At Noorishad Law, P.C., we know how local courts handle reckless driving cases, and we understand the best strategies to challenge the charges. With more than 16 years of experience, we are proud to be a client-focused, results-driven defense team. Because we take on a limited number of cases, we are able to give each client the personal attention they deserve. Having a legal representative ensures someone is there to guide you through the process and fight to protect your rights.

If you have been accused of reckless driving, contact our Loudoun County, VA reckless driving defense lawyer today at 703-542-4500. We are available 24/7 to listen to your side of the story, review the evidence, and build a defense strategy tailored to your case.