Reckless Driving Attorney in Stafford, VA

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Many people are charged with reckless driving every day across Virginia. It’s a very common charge. At Calinger Law, we are here to help.


Virginia has numerous statutes under which a person can face a reckless driving charge. These include:


Virginia Code 46.2-852: This is the general reckless driving statute. This states that any person who drives recklessly, endangering life or property, is guilty of reckless driving.


Virginia Code 46.2-853: This section states it is reckless driving to drive a vehicle without proper control or a vehicle that lacks proper brakes.


Virginia Code 46.2-854: This section provides a reckless driving offense where a person passes another car while approaching a crest in the road. Notice this does not apply where there are multiple lanes of travel.


Virginia Code 46.2-855: This Code section states it is reckless driving to drive where property, or persons in the front seat, interfere with the driver’s view out of the car or with the driver’s control over the vehicle controls.


Virginia Code 46.2-856: This Code section provides it is reckless driving to pass two vehicles that are next to each other, unless you are on a road with at least three lanes.


Virginia Code 46.2-857: This section states it is reckless driving to drive abreast of another vehicle where one of the vehicles is in a lane designated for only vehicle.


Virginia Code 46.2-858: This Code section provides it is reckless driving to pass another vehicle at a railroad grade crossing unless both directions of travel have multiple lanes.


Virginia Code 46.2-859: This portion states it is reckless driving to pass a stopped school bus that is taking on or unloading people. However, notice a person need not stop where the school bus is on the other side of a divided highway.


Virginia Code 46.2-860: This section states it may constitute reckless driving to fail to proper notice of an intention to turn, slow, or stop.


Virginia Code 46.2-861: This section states it is reckless driving to drive too fast for the conditions, regardless of the posted speed.


Virginia Code 46.2-862: This section states it is reckless driving to drive either 20 miles or more over the speed limit or over 85 miles per hour.


Virginia Code 46.2-863: This Code section provides a penalty for persons failing to yield the right of way.


Virginia Code 46.2-864: Here it is reckless driving to operate a vehicle recklessly on a parking lot.


Virginia Code 46.2-865: In this case, the Code criminalizes a race between vehicles on the roads. Note that this section requires at least a six month license suspension.

Many people are charged with reckless driving every day across Virginia. It’s a very common charge. At Calinger Law, we are here to help.


Virginia has numerous statutes under which a person can face a reckless driving charge. These include:


Virginia Code 46.2-852: This is the general reckless driving statute. This states that any person who drives recklessly, endangering life or property, is guilty of reckless driving.


Virginia Code 46.2-853: This section states it is reckless driving to drive a vehicle without proper control or a vehicle that lacks proper brakes.


Virginia Code 46.2-854: This section provides a reckless driving offense where a person passes another car while approaching a crest in the road. Notice this does not apply where there are multiple lanes of travel.


Virginia Code 46.2-855: This Code section states it is reckless driving to drive where property, or persons in the front seat, interfere with the driver’s view out of the car or with the driver’s control over the vehicle controls.


Virginia Code 46.2-856: This Code section provides it is reckless driving to pass two vehicles that are next to each other, unless you are on a road with at least three lanes.


Virginia Code 46.2-857: This section states it is reckless driving to drive abreast of another vehicle where one of the vehicles is in a lane designated for only vehicle.


Virginia Code 46.2-858: This Code section provides it is reckless driving to pass another vehicle at a railroad grade crossing unless both directions of travel have multiple lanes.


Virginia Code 46.2-859: This portion states it is reckless driving to pass a stopped school bus that is taking on or unloading people. However, notice a person need not stop where the school bus is on the other side of a divided highway.


Virginia Code 46.2-860: This section states it may constitute reckless driving to fail to proper notice of an intention to turn, slow, or stop.


Virginia Code 46.2-861: This section states it is reckless driving to drive too fast for the conditions, regardless of the posted speed.


Virginia Code 46.2-862: This section states it is reckless driving to drive either 20 miles or more over the speed limit or over 85 miles per hour.


Virginia Code 46.2-863: This Code section provides a penalty for persons failing to yield the right of way.


Virginia Code 46.2-864: Here it is reckless driving to operate a vehicle recklessly on a parking lot.


Virginia Code 46.2-865: In this case, the Code criminalizes a race between vehicles on the roads. Note that this section requires at least a six month license suspension.

Reckless driving defense book | Stafford, VA | Calinger Law

Charged With Reckless Driving in Virginia?

Find out how to win your case!

If you’ve been charged with reckless driving in Virginia, this guide from Adam Calinger will outline everything you need to know to fight and win the case. Download your free copy today!

GET THE EBOOK
Reckless driving defense book | Stafford, VA | Calinger Law

Charged With Reckless Driving in Virginia?

Find out how to win your case!

If you’ve been charged with reckless driving in Virginia, this guide from Adam Calinger will outline everything you need to know to fight and win the case. Download your free copy today!

GET THE EBOOK

The most frequently charged statute states that if a person drives over 85 mph, that is reckless driving, regardless of what the speed limit is. In some areas the speed limit may be 70 mph. Yet if you go over 85 mph, you’ve just committed reckless driving—a class one misdemeanor. Driving too fast can also get you a reckless driving charge where you drive over 20 mph or more above the speed limit. This can represent a significant issue where the speed limit is low.


Virginia also has a “general” reckless driving statute, which basically states a person can be charged with reckless driving if that person drove in a reckless manner. Police frequently charge this crime for traffic accidents or where speed is not at issue.


There are defenses available to a reckless driving charge. At Calinger Law, we have the expertise to fight for your rights. We will assert all defenses available to you against a reckless driving charge.


If you are charged with reckless driving by speed, we will check to make sure the radar the officer used was properly calibrated. The officer is required to bring a radar certificate to court showing that the police had tested the radar and found it to be working properly. If the police do not have this certificate in court, you could be acquitted.


The police will also be required to authenticate that the radar certificate they have belongs to the radar used in the car. The radar certificate often just contains a series of numbers. The police may have difficulty connecting this radar certificate to the one used in the car.


It is also often possible to have a reckless driving charge reduced to a lesser charge. One of the common lesser charges is improper driving. The police do not have the ability to charge someone with improper driving. Only the judge or a prosecutor can reduce reckless driving to this charge. If necessary, we will assert all reasons why your charge should be reduced.


Reckless driving charges can also commonly be reduced to charges such as speeding or failure to obey a highway sign.


Having your reckless driving charge reduced may depend on factors such as your prior driving history or your willingness to complete a driver improvement course. Judges often look favorably upon persons with such factors weighing in their favor.


If you have a reckless driving charge, call Calinger Law today. We will speak to you at no charge about your case.

Free Traffic or Criminal Case Evaluation

FAQ About Our Traffic Offense Attorney in Stafford Courthouse, VA

Driver’s view inside tunnel, dashboard, and hands on wheel in foreground.
  • What Should I Do After Being Charged With a Traffic Offense in Virginia?

    If you’ve been charged with reckless driving or another traffic violation, the first step is to contact a skilled traffic offense attorney in Stafford Courthouse, VA. At Calinger Law, we immediately review your case, examine police reports, and identify potential defenses to minimize or dismiss charges. Acting quickly ensures we can gather evidence and protect your driving record from long-term consequences. Contact us today!

  • How Can a Traffic Offense Attorney in Stafford Courthouse, VA, Help My Case?

    Having a traffic offense attorney in Stafford Courthouse, VA, can make a significant difference in the outcome of your case. Our team understands Virginia’s traffic laws and how local courts operate. We’ll evaluate the evidence, question radar calibration, and explore options to reduce reckless driving charges to lesser offenses like improper driving or speeding. Our goal is always to protect your license, reputation, and record.

  • What Are the Penalties for Reckless Driving in Virginia?

    Reckless driving in Virginia is considered a Class 1 misdemeanor and can lead to heavy fines, license suspension, and even jail time. Many drivers are surprised to learn that driving over 85 mph or 20 mph above the speed limit can result in this serious charge. With the guidance of Calinger Law, we’ll help you understand your rights and develop a defense strategy that aims to reduce or eliminate penalties altogether.

  • Can My Reckless Driving Charge Be Reduced or Dismissed?

    Yes, in many cases, your reckless driving charge can be reduced or even dismissed. Judges often consider factors like a clean driving record or completion of a driver improvement course when deciding on lesser penalties. At Calinger Law, we leverage these details to argue for reduced charges, such as improper driving. Every case is different, but we’re committed to fighting for the best possible outcome for you.

  • Why Should I Choose Calinger Law for My Traffic Offense Case?

    At Calinger Law, we combine in-depth legal experience with personalized service for every client. Our traffic offense attorney in Stafford Courthouse, VA, is dedicated to providing strong advocacy, from reckless driving defense to other serious traffic charges. We know how stressful these situations can be—that’s why we take the time to explain your options clearly and work tirelessly to protect your rights. Call us today at (540) 841-0370 for a free consultation.