The offense of general reckless driving under Va. Code §46.2-852 is committed if an individual disregards the consequences for driving a motor vehicle on a highway in the Commonwealth recklessly or at a speed that can put life, limb or property of other individual at risk. General reckless driving in Virginia in usually charged after the driver has been involved in an accident. The police officer who responds to the situation verify the person needs to be accounted for the accident and charges the driver with reckless driving. Although the only fact that there was an accident is not enough to prove the offense of reckless driving. It needs to be proved by the Commonwealth that accused individual was involved in reckless behavior while driving.
General reckless driving in Virginia is not just a traffic infraction. It is a crime. This means that conviction for general reckless driving in Virginia will result in a permanent criminal record for the driver. Unlike various traffic infractions like a speeding ticket, a driver cannot pre-pay a fine for the charge of general reckless driving in Virginia. It is mandatory for the driver to appear in the court and failure to do so could lead to further criminal charges.
General reckless driving in Virginia can be a felony or a misdemeanor. It can be punished with up to 12 months in jail, heavy fine up to $2500, suspension of driver’s license for a minimum of 10 days up to 6 months and DMV demerit points. The DMV will add 6 demerit points to the driving record of a person convicted for general reckless driving in Virginia. Moreover, if the court believes that the situation involved alcohol use then it may order the convict to complete the Virginia ASAP program. The penalties for general reckless driving could also increase if the person is caught using a mobile communication device while driving. With exception to a driver with commercial driving license, the convict can apply for a restricted driving license, which provide permission to drive to specific places during the period of license suspension.
It is recommended to contact a Virginia reckless driving lawyer as soon possible to assess the possible consequences and defenses against the charge of general reckless driving in Virginia. Even if a conviction cannot be avoided, a Virginia reckless driving lawyer can assist in coming out with best possible outcome.