Reckless driving by speed
Driving 20 mph or more in excess of the applicable maximum speed limit, or in excess of 85 mph regardless of the limit. A criminal charge, not an infraction.
Consultations by phone — (888) 437-7747
Law Offices Of SRIS, P.C. · Practicing since 1997
Fredericksburg Traffic Defense Attorney
Reckless driving under Va. Code § 46.2-852 and § 46.2-862 is not a ticket you can prepay and forget. It is a criminal charge — a Class 1 misdemeanor carrying up to twelve months in jail and a fine of up to $2,500.
- Fredericksburg, Spotsylvania & Stafford courts
- Former prosecutors on the team
- Reckless driving, DUI & suspended license
Consultations by phone. Contacting the firm does not create an attorney-client relationship.
1997Practicing since
5Jurisdictions admitted
FormerProsecutors on the team
3Local court systems
The exposure
What a Class 1 misdemeanor actually carries
Reckless driving is a Class 1 misdemeanor under Virginia Code § 46.2-868, punishable under Virginia Code § 18.2-11(a) by confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
Law Offices Of SRIS, P.C. has represented drivers in Virginia courts since 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Practice areas
Virginia traffic matters handled
Each charge below is defined by statute. The statute controls what the Commonwealth must prove and what the court may impose.
General reckless driving
Driving recklessly or in a manner so as to endanger life, limb, or property, regardless of any posted limit. Frequently charged after a single-vehicle accident where no speed reading exists.
Speeding and traffic infractions
Violations of Title 46.2 are traffic infractions unless otherwise stated, punishable by a fine not more than that for a Class 4 misdemeanor. Some charges are not prepayable.
Suspended or revoked license
A violation of subsection B is a Class 1 misdemeanor. On conviction, the court is directed to suspend the privilege to drive for the same period previously imposed.
Driving under the influence
Under § 18.2-270(A), a violation is a Class 1 misdemeanor with a mandatory minimum fine of $250. Elevated BAC levels and prior convictions carry additional mandatory minimums.
Hit and run
A Class 5 felony if the accident results in injury or death, or more than $1,000 of property damage; a Class 1 misdemeanor at $1,000 or less. Unattended property is addressed under § 46.2-896.
Driving without a license
A first violation is a Class 2 misdemeanor; a second or subsequent violation is a Class 1 misdemeanor. The court may suspend the privilege to drive for up to 90 days.
Handheld device violations
Unlawful to hold a handheld personal communications device while driving on Virginia highways. The section sets out exceptions, including a lawfully parked operator and emergency reporting.
Commercial driver’s license matters
CDL holders are subject to separate federal disqualification rules. A disposition that resolves a matter for an ordinary licensee may not protect a commercial license.
DMV administrative matters
Demerit point questions, driver improvement clinics, show-cause proceedings, habitual offender matters, and petitions for restricted driving privileges.
Venue
Courts in the Fredericksburg area
The court is determined by where the offense was charged — not by where you live.
Under Va. Code § 16.1-132, a person convicted in a district court of an offense not felonious has the right to appeal to the circuit court within ten days of conviction. Under § 16.1-136, that appeal is heard de novo.
Fredericksburg General District Court
Traffic infractions and misdemeanors charged within the City of Fredericksburg
Fredericksburg Circuit Court
Felony matters and appeals from the General District Court
Spotsylvania County General District Court
Charges arising in Spotsylvania County, including much of the I-95 corridor south of the city
Stafford County General District Court
Charges arising in Stafford County, including the I-95 corridor north of the city
Our team
Attorneys who handle Virginia traffic matters
Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states.
Mr. Sris
Licensed in VA, MD, NJ, NY & DC Owner & CEO — Former Prosecutor Criminal defense, traffic defense & family law
Bryan Block
Licensed in VA Former Virginia State Trooper (Of Counsel) DUI, criminal law & traffic law
Kristen M. Fisher
Licensed in VA, MD Former Prosecutor (Of Counsel) Criminal law, DUI defense & traffic lawOwner and CEO
Mr. Sris
Mr. Sris has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His practice includes criminal and traffic defense in Virginia General District and Circuit Courts.
He testified in support of Virginia House Bill 635, whose chief patron was Delegate David Bulova, before the House of Delegates Courts of Justice Committee.
Virginia
Maryland
District of Columbia
New Jersey
New York
Answers
Frequently asked questions
Is reckless driving a criminal charge in Virginia?+
Yes. Under Virginia Code § 46.2-868, a person convicted of reckless driving is guilty of a Class 1 misdemeanor, punishable under Virginia Code § 18.2-11(a) by confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. It is not a traffic infraction.
What speed makes a Virginia speeding charge reckless driving?+
Under Virginia Code § 46.2-862, a person is guilty of reckless driving who drives at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit, or in excess of 85 miles per hour regardless of the applicable maximum speed limit.
Do I have to appear in court for a Fredericksburg traffic charge?+
Misdemeanor charges, including reckless driving, generally require an appearance unless the court permits counsel to appear on the defendant’s behalf. Some infractions are prepayable. The summons states which category applies.
Which court will hear my case?+
The court is determined by where the offense was charged. Offenses within the City of Fredericksburg go to the Fredericksburg General District Court; offenses on the surrounding I-95 corridor typically go to the Spotsylvania County or Stafford County General District Court.
Is hit and run a felony in Virginia?+
It depends on the outcome of the accident. Under Virginia Code § 46.2-894, a violation is a Class 5 felony if the accident results in injury to or the death of any person, or in more than $1,000 of damage to property, and a Class 1 misdemeanor if the accident results in damage of $1,000 or less to property.
Can I appeal a conviction from the General District Court?+
Under Virginia Code § 16.1-132, a person convicted in a district court of an offense not felonious has the right to appeal to the circuit court within ten days of conviction. Under Virginia Code § 16.1-136, that appeal is heard de novo.