Tags

, , , , , , , , , , , , , ,

Reckless Driving Lawyer – Virginia Beach

Any moving violation can cause your insurance rates to go up. However, reckless driving in Virginia Beach is in a special class of moving violations. First and foremost, it is a class 1 misdemeanor in Virginia Beach. Second, it may cause you to lose your license, lose your job and may even cause you to lose your security clearance.

The maximum fine for a reckless driving ticket in Virginia Beach is $2500. The maximum jail sentence for reckless driving in Virginia Beach is 1 year in jail. Also, the maximum penalty for a reckless driving ticket in Virginia Beach is a six month loss of your license.

If you are facing a reckless driving ticket in Virginia Beach, call our firm for help.

Our firm has defended well two thousand reckless driving tickets in Virginia.

Va. Code 46.2-852. Reckless driving; general rule.

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

Va. Code 46.2-853. Driving vehicle which is not under control; faulty brakes.

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.

Va. Code 46.2-854. Passing on or at the crest of a grade or on a curve.

A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a z, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

Va. Code 46.2-855. Driving with driver’s view obstructed or control impaired.

A person shall be guilty of reckless driving who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

Va. Code 46.2-856. Passing two vehicles abreast.

A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

Va. Code 46.2-857. Driving two abreast in a single lane.

A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.

Va. Code 46.2-858. Passing at a railroad grade crossing.

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

Va. Code 46.2-859. Passing a stopped school bus; prima facie evidence.

A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.

Va. Code 46.2-860. Failing to give proper signals.

A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

Va. Code 46.2-861. Driving too fast for highway and traffic conditions.

A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

Va. Code 46.2-862. Exceeding speed limit.

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.

Va. Code 46.2-863. Failure to yield right-of-way.

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

Va. Code 46.2-864. Reckless driving on parking lots, etc.

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

  1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
  2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
  3. On any highway under construction or not yet open to the public.

Va. Code 46.2-865. Racing; penalty.

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of §46.2-398.

Va. Code 46.2-868. Reckless driving; penalties.

  • Every person convicted of reckless driving under the provisions of this article shall be guilty of a Class 1 misdemeanor.
  • Every person convicted of reckless driving under the provisions of this article who, when he committed the offense,
    1. was driving without a valid operator’s license due to a suspension or revocation for a moving violation and,
    2. as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony
Statute Description Penalty
Va .Code § 46.2-852 Driving recklessly or speedily to endanger life, limb or property irrespective of the maximum speeds permitted by law Class 1 misdemeanor.
Va. Code § 46.2-853 Driving on highway when vehicle is not under proper control or with inadequate or improperly adjusted brakes Class 1 misdemeanor.
Va. Code § 46.2-854 On or approaching the crest of a grade or a curve in the highway, where the driver’s view is obstructed, any act of driving, overtaking and passing another vehicle proceeding in the same direction.If it is a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway, it is not reckless driving. Class 1 misdemeanor.
Va. Code § 46.2-855 Driving a vehicle despite the driver’s view to the front and side of the vehicle being obstructed or driver’s control over the vehicle being interfered by load or persons in the front seat. Class 1 misdemeanor.
Va. code § 46.2-856 Passing or attempting to pass two other vehicles abreast, moving in the same directionIf the act is done on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways it is not reckless driving.When the overtaken or overtaking vehicle is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped it is not reckless driving. Class 1 misdemeanor.
Va. Code § 46.2-857 Driving so as to be or travel abreast of another vehicle in a lane designed for one vehicle,When two two-wheeled motorcycles travel abreast it is not reckless driving.This section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort;

(ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped;

(iii) any vehicle lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane

Class 1 misdemeanor.
Va. Code § 46.2-858 At any railroad grade crossing or any highways intersection any act of overtaking or passing any other vehicle proceeding in the same directionIt is not reckless driving when

    1. the act is done on a highway having two or more designated lanes of roadway for each direction of travel or
    2. where the intersection is designated and marked as a passing zone or
    3. on a designated one-way street or highway, or
    4. While pedestrians are passing or about to pass in front of either of such vehicles,
    5. The act is permitted by a traffic light or law-enforcement officer.
Class 1 misdemeanor.
Va. code § 46.2-859 In a highway, private road or school driveway where any school bus is stopped for the purpose of taking or discharging children, elderly, or mentally or physically handicapped persons, any act of not stopping or not keeping stopped a vehicle till all persons have cleared and bus the put in motion. (School buses are those which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof)When it is not reckless driving:When the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway and the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area.If the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus which is loading or discharging passengers from or onto property immediately adjacent to a school. Class 1 misdemeanor.
Va. Code § 46.2-860 Failing to give adequate and timely signals of intention to turn, partly turn, slow down, or stop as per Va Code § 46.2-848. Class 1 misdemeanor.
Va. Code § 46.2-861 Regardless of any posted speed limit exceeding a reasonable speed under the circumstances and traffic conditions existing at the time. Class 1 misdemeanor.
Va. Code § 46.2-862. On highways any act of driving at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or in excess of eighty miles per hour regardless of the applicable maximum speed limit. Class 1 misdemeanor.
Va. Code § 46.2-863 Failing to bring vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance(i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction. Class 1 misdemeanor.
Va. Code § 46.2-864 On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or industrial establishment providing parking space for customers, patrons, or employees; or on any highway under construction or not yet open to the public, any act of driving motor vehicle at a speed or in a manner endangering the life, limb, or property of any person. Class 1 misdemeanor.
Va. Code § 46.2-865 On the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public, any act of engaging in a race between two or more motor vehiclesIt is not reckless driving when it is authorized by the owner of the property or his agent. Class 1 misdemeanor.In addition, the driver’s license shall be suspended for a period of 6 months to 2 years and the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of §46.2-398
Va. Code § 46.2-868 Any act of reckless driving where the accused was driving without a valid operator’s license due to a suspension or revocation for a moving violation and death was caused as the sole and proximate result of accused’s reckless driving. Class 6 felony

If you are facing a reckless driving ticket in Virginia Beach, call our firm for help.

Article written by A Sris
Sris Law Group
1-757-512-5002

About these ads