Below are 7 of the most common examples of reckless driving that can result in these charges.
- Faulty Brakes
Virginia Code 46.2-853:
“A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.”
If there has been a circumstance where any sudden vehicular defect has occurred, the reckless driver’s attorney can fight for the defendant not to be charged guilty of the penalty for Reckless Driving Failure to Maintain Proper Control. Although, if the driver was aware beforehand that the vehicle has defects, the case will head in another direction.
- Clear View of Oncoming Traffic
Virginia Code 46.2-854
Any driver found overtaking another motor vehicle without considering the oncoming traffic on the road curve can be charged for violating this code.
Example of violating this code can be if a driver forces the oncoming traffic to swerve or break.
- Excess Passengers
Virginia Code 46.2-855
Any driver can be charged for violating this code if they are found driving a car where the driver is facing difficulty in driving the vehicle if:
- there are more commuters in the car than the seat belts,
- or if there is more than one passenger sitting in the front seat
- Crossings and Intersections
Virginia Code 46.2-858
A driver can be charged for violating this code if they are found passing or overtaking another vehicle at road intersections or railroad crossings while a passerby is about to cross.
- Over Speeding
Virginia Code 46.2-862
“A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit”
In Virginia, if a driver is found either driving above 80 miles per hour or driving 20 mph above the speed limit, it will be considered as reckless driving. The Virginia law states that both of the above offenses will fall under a Class 1 misdemeanor criminal offense.
For example, driving 15 miles per hour over 65 miles per hour speed limit.
- Parking Lot
Virginia Code 46.2-864
Any driver can be charged for violating this code if they are found driving a car where the driver is putting in jeopardy, the property or the life of a person found in a parking lot.
For example, driving through a school parking at 40 mph.
- Driving Too Fast considering the Traffic Conditions
Virginia Code 46.2-861
Any driver can be charged for violating this code if they are found driving a car too fast considering the traffic conditions, irrespective of the speed limit.
For example, the driver is going 50 mph in a 50 miles per hour zone when it is raining, or when there is ice on the roads.