A conviction for reckless driving carries with it six (-6) demerit points as assessed by the DMV in Virginia. The courts in northern Virginia do not control the point issue and judges often state this at the beginning of the Court session.
If you are convicted of reckless driving and you have other convictions on your record including other reckless or speeding charges, you should seek the services of an attorney as there may be administrative action by the DMV upon your conviction. Also, a person with other traffic offenses and/or a negative point rating of the DMV record are often sentenced more harshly than persons with a positive ratings.
Judges love to see drivers with a +5 ratings and often give these drivers lower fines upon conviction of the reckless driving charge if the facts are not egregious. In Fairfax, Alexandria and Arlington, however, Judges usually will not take this action without a motion from either the defendant or defense counsel.
A handful of Judges in northern Virginia will not reduce a reckless driving charge under any circumstance. In these cases, it is often intelligent to plea bargain with the prosecutor. Plea bargaining keeps the issue away from the judge and is beneficial because most Judges will not second guess the judgment of the prosecutor and will sign the order as presented. Note that in Fairfax, an unrepresented party will not be able to plea bargain with the prosecutor pursuant to policy.
Indeed, reckless driving is a serious criminal charge, but it is a catch-all offense often over-charged by police officers. Reckless driving; general rule 46.2-852 is the most common charge for police officers. The language of the section is so broad that it can be applied under almost any circumstance. The other sections of the Code are much more specific.
In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver. Losing control of a vehicle because of an oil slick on the road, for instance, does not meet the level of proof required for this charge.
So what is Virginia reckless driving?
In Virginia, reckless driving is Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months. In addition, you could be arrested and have your car impounded at the discretion of the police officer for committing this offense. To save time, most officers bind you to show in court through your signature on the "summons."
