Virginia Reckless Driving Laws: Penalties, Points and Speed (2026)

Virginia makes reckless driving a Class 1 misdemeanor under Code 46.2-868, punishable by up to 12 months in jail and a fine of up to $2,500, either or both (Code 18.2-11). Code 46.2-862 makes driving 20 mph or more over the applicable speed limit, or over 85 mph regardless of the limit, reckless driving in its own right, and Code 46.2-852 covers anyone who drives on a highway "recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person."

Most reckless driving convictions carry six DMV demerit points. A license suspension is up to the court for most forms of the offense, while racing, exhibition driving, and racing or exhibition driving that injures or kills carry suspensions the statute says shall be imposed.

Information last verified on 2026-10-21. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Virginia state statutes on reckless driving (Code 46.2-852 to 46.2-869), aggressive driving, careless driving that harms a vulnerable road user, racing and exhibition driving, the related demerit-point and license rules in Title 46.2, Chapter 3, and driving without a valid license. It does not cover DUI penalties (see Virginia DUI laws), homicide offenses (see Virginia manslaughter laws), leaving the scene of a crash (see Virginia hit-and-run laws), city or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Virginia?

Virginia's general reckless driving rule is Code 46.2-852:

"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 46.2-852

The section has two routes: driving "recklessly," or driving "at a speed or in a manner so as to endanger" people or property. The opening words, "Irrespective of the maximum speeds permitted by law," mean that driving within the posted limit does not by itself take conduct outside the section.

The specific forms of reckless driving

Article 7 of Chapter 8 then names particular acts that the General Assembly has labelled reckless driving. Each is the same offense, with the same Class 1 grade under Section 46.2-868(A):

• Vehicle not under control or bad brakes (46.2-853). Driving a vehicle "which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth."
• Passing on a hill or curve (46.2-854). Passing a vehicle going the same direction "on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed," except on a highway with two or more designated lanes in each direction or a designated one-way roadway.
• Obstructed view or crowded front seat (46.2-855). Driving a vehicle loaded, or with so many people in the front seat, "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."
• Passing two vehicles abreast (46.2-856). Passing or trying to pass two other vehicles side by side 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."
• Driving abreast in one lane (46.2-857). Driving a motor vehicle "so as to be abreast of another vehicle in a lane designed for one vehicle." The section adds that "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." This is the Article 7 section most relevant to motorcycles sharing a lane; see Virginia lane splitting laws.
• Passing at a railroad crossing or intersection (46.2-858). Passing at a railroad grade crossing or an intersection, or while pedestrians are passing or about to pass in front of either vehicle, with listed exceptions for multi-lane and one-way roads, marked passing zones, and a traffic light or officer's permission.
• Passing a stopped school bus (46.2-859). Failing to stop for a school bus "stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities," and to remain stopped until those individuals are clear and the bus moves.
• Failing to signal (46.2-860). Failing "to give adequate and timely signals of intention to turn, partly turn, slow down, or stop."
• Too fast for conditions (46.2-861). Exceeding "a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit."
• Failing to move over for a stopped emergency or utility vehicle (46.2-861.1(A)). On approaching a stationary vehicle displaying the flashing blue, red or amber lights the section lists, failing to move to a lane not adjacent to it on a highway with at least four lanes (two in the driver's direction), or, where changing lanes would be unreasonable or unsafe, failing to "proceed with due caution and maintain a safe speed for highway conditions." The section provides that "A violation of any provision of this subsection is reckless driving." It does not apply in highway work zones, and the separate rule in Section 46.2-861.1(B) for vehicles showing other amber lights, hazard flashers, caution signs or flares is a traffic infraction.
• Speed over the limit (46.2-862). Covered in the speed section below.
• Failing to stop before entering a highway (46.2-863). Failing to stop "immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet," subject to the section's yield-sign rule.
• Racing and exhibition driving (46.2-865). Covered in the racing section below.

Outside Article 7, Section 46.2-829 provides that a violation of the yield-to-emergency-vehicles rule "that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in § 46.2-868."

Where Virginia's reckless driving law applies

Section 46.2-852 applies "on any highway." Section 46.2-864 extends reckless driving beyond highways. A person is guilty of reckless driving who operates a 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."

So a shopping center lot, a school driveway or an employee parking area is covered. The school bus rule in Section 46.2-859 also reaches private roads and school driveways, and the racing and exhibition rules in Section 46.2-865 reach the driveways and premises of churches, schools, recreational facilities and business property open to the public.

How Virginia courts read "recklessly"

In Powers v. Commonwealth, 211 Va. 386 (1970), the Supreme Court of Virginia, construing the predecessor of Section 46.2-852, wrote that "The word 'recklessly' as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property." The Court added that speed "only becomes" a violation of that statute "when it endangers life, limb or property." The statute it construed then provided that a speed-limit violation "shall not of itself constitute ground for prosecution for reckless driving"; that proviso is not in Section 46.2-852.

Separately, Section 46.2-862 makes driving at the speeds it lists reckless driving, as the next sections explain.

Is reckless driving a misdemeanor in Virginia? Penalties

Yes. Section 46.2-868(A) provides that "Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor." That covers the general rule and every specific form in Article 7, including passing a stopped school bus, failing to signal and the speed-based rule.

Under Code 18.2-11(a), a Class 1 misdemeanor is punishable by "confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both." Those are maximums. Section 46.2-868 sets no mandatory minimum jail term; its only mandatory minimum is the $250 fine described below.

Section 46.2-868 adds two special rules:

• Felony when a suspended driver causes a death. Under Section 46.2-868(B), a person convicted of reckless driving who, when committing the offense, "(i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony." Both conditions must be present.
• Handheld device minimum fine. Under Section 46.2-868(C), if the driver was also in violation of Section 46.2-818.2 (the handheld communications device law) when committing the offense, the punishment "shall include a mandatory minimum fine of $250."

A Class 6 felony is punishable under Code 18.2-10(f) by "a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."

Reckless driving under Section 46.2-852 has no separate tier for a second offense or for injury. The added consequences for injury and death come through the license rules (Section 46.2-396), the racing felonies in Section 46.2-865.1, the separate eluding-police offense in Section 46.2-817 (in the table below), and the separate offenses covered on the Virginia manslaughter laws page.

In a highway work zone, speeding over the posted work-zone limit is a traffic infraction with a fine of up to $500 under Section 46.2-878.1, and that section provides that "Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb, or property."

How fast is reckless driving in Virginia?

Virginia sets a fixed speed test. Section 46.2-862 provides:

"A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit." Va. Code 46.2-862

The two tests are alternatives ("or"):

• 20 mph or more over the limit. On a road posted at 55 mph, 75 mph meets the first test; on a road posted at 35 mph, 55 mph does.
• Over 85 mph. Any speed above 85 mph meets the second test, whatever the posted limit.

Speed below those numbers can still be reckless driving under Section 46.2-861, which covers exceeding "a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit," and under the general "at a speed ... so as to endanger" language of Section 46.2-852.

Over 100 mph. Section 46.2-393(C) adds a rule for the fastest speeds. When a person convicted under Section 46.2-862 drove on Virginia highways in excess of 100 miles per hour, as the court finds, "the court shall order" enrollment in the Intelligent Speed Assistance Program for 60 days to six months, "unless the court has ordered suspension of such person's driver's license" under Section 46.2-393(A).

Reckless driving points and license suspension in Virginia

Demerit points

Code 46.2-492(D) groups traffic offenses by seriousness. "Serious traffic offenses," including "reckless driving in violation of § 46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865, and other serious traffic offenses as the Commissioner may designate, shall be assigned six demerit points." Aggressive driving (46.2-868.1) and failing to stop before entering a highway (46.2-863) are in the four-point group, and improper driving (46.2-869) is in the three-point group.

The Virginia DMV's six-point violations list includes reckless driving for speeding in excess of 85 mph, speeding 20 mph or more above the posted limit, racing, driving too fast for conditions and driving on parking lots, among other forms. Its four-point list includes "Reckless driving - failure to stop before entering a highway."

Under Section 46.2-492(E), when a person "is convicted of two or more traffic offenses committed on a single occasion, he shall be assessed points for one offense only," and where the point values differ, for "the offense having the greater point value."

Points can lead to a DMV suspension. Under Section 46.2-506(B), when a driving record shows "at least 18 demerit points" within any 12 consecutive months, or "at least 24 demerit points" within any 24 consecutive months, the Commissioner shall either suspend the license for 90 days and until the driver completes a driver improvement clinic, or require enrollment in the Intelligent Speed Assistance Program for nine months plus a driver improvement clinic.

Court suspensions

The license sections draw a line between suspensions the court "may" order and those it "shall" order:

Section 46.2-392 also provides that a person "convicted of a reckless driving offense which the court has reason to believe is alcohol-related or drug-related may be required as a condition of probation or otherwise to enter into and successfully complete an alcohol safety action program."

Intelligent Speed Assistance

Section 46.2-507 defines an "intelligent speed assistance system" as "a system that limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where such motor vehicle is being operated." Under Section 46.2-507(M), tampering with, or attempting to circumvent or bypass, an installed intelligent speed assistance system is "punishable as a Class 1 misdemeanor."

Drivers under 18

Under Section 46.2-334.01(A), if a person under 19 is convicted a second time of committing, while under 18, "an offense for which demerit points have been assessed or are assessable," the Commissioner "shall suspend such person's driver's license or privilege to operate a motor vehicle for 90 days." A third such conviction requires the Commissioner to revoke the license "for one year or until such person reaches the age of 18 years, whichever is longer" (46.2-334.01(A)(3)). Reckless driving is a point offense under Section 46.2-492.

Commercial driver's licenses

Under Code 46.2-341.20(A), reckless driving and driving "at a speed 15 or more miles per hour in excess of the posted speed limits," if committed in a commercial motor vehicle, are serious traffic violations, and Section 46.2-341.20(C) sets "A 60-day disqualification period for any person convicted of two serious traffic violations" and a 120-day period for three. Federal rule 49 C.F.R. 383.51 (Table 2) treats reckless driving, as defined by state or local law, as a serious traffic violation, with 60-day and 120-day commercial driving disqualifications for a second and a third conviction in separate incidents within three years; a conviction in a personal vehicle counts only if it results in the revocation, cancellation or suspension of the holder's license or non-commercial driving privileges, and Code 46.2-341.20(B) has the same condition; on national park roads, 36 C.F.R. 4.2 adopts state traffic law, and the reckless driving laws by state hub covers the federal layer.

Improper driving and careless driving in Virginia

Article 7 of Chapter 8 contains no general careless driving offense. Two provisions fill the space below reckless driving.

Improper driving (46.2-869). Section 46.2-869 provides that "upon the trial of any person charged with reckless driving where the degree of culpability is slight, the jury or the court trying the case without a jury may find the accused not guilty of reckless driving but guilty of improper driving." The same section provides that "an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change." Improper driving "shall be punishable as a traffic infraction punishable by a fine of not more than $500," and Section 46.2-492 assigns it three demerit points.

Careless driving that harms a vulnerable road user (46.2-816.1). Section 46.2-816.1(B) makes it "a Class 1 misdemeanor to operate a motor vehicle in a careless or distracted manner such that the careless or distracted operation is the proximate cause of serious bodily injury as defined in § 18.2-51.4 to or the death of a vulnerable road user who is lawfully present on the highway at the time of injury or death." Under Section 46.2-816.1(C), a prosecution under Section 46.2-852 bars a prosecution under Section 46.2-816.1 for the same act, and the reverse.

Aggressive driving in Virginia

Virginia has a separate aggressive driving offense in Section 46.2-868.1. A person is guilty if (i) the person violates one or more listed traffic rules, including driving on the right side of the highway (46.2-802), observing marked lanes (46.2-804), following too closely (46.2-816), evading traffic control devices (46.2-833.1), passing (46.2-838), any speed provision in Article 8 of Chapter 8, and stopping on highways (46.2-888), and (ii) the person "is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person."

Aggressive driving "shall be punished as a Class 2 misdemeanor," or as a Class 1 misdemeanor when committed "with the intent to injure another person," and the court "may require successful completion of an aggressive driving program." Under Code 18.2-11(b), a Class 2 misdemeanor is punishable by up to six months in jail and a fine of up to $1,000, either or both. It carries four demerit points under Section 46.2-492.

Racing, exhibition driving and street takeovers in Virginia

Racing

Under Section 46.2-865(B), a 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 is guilty of reckless driving, unless authorized by the owner of the property or his agent." Racing is therefore a Class 1 misdemeanor under Section 46.2-868, carries six demerit points under Section 46.2-492, and brings the mandatory six-month to two-year suspension (or ISA alternative) in Section 46.2-865(F).

Exhibition driving

Section 46.2-865(C) applies the same rule to "exhibition driving," which Section 46.2-865(A) defines as "the intentional performance of any of the following in close proximity to a group of two or more people":

1. Holding a vehicle stationary with the brake or parking brake "while simultaneously engaging the gas pedal, causing one set of wheels to spin or lose contact with the pavement";
2. Operating a vehicle "in an unnecessary manner that causes such vehicle to move in a manner inconsistent with the normal operation of such vehicle, such as zigzagging or spinning around in a circular pattern" (not including conduct necessary to avoid a collision, damage or injury);
3. Operating one or more vehicles "for the purpose of exhibiting the speed or power of such vehicle or vehicles, from a designated starting point to a designated ending point or over a common selected course, including drag racing"; or
4. "Transporting a passenger on the hood or roof of the motor vehicle."

The group of two or more people is part of every form of the definition.

Spectators, organizers and passengers

• Hood or roof passengers. A person who "purposefully rides as a passenger on the hood or roof during any race or exhibition driving" is guilty of a Class 3 misdemeanor (46.2-865(D)), punishable by a fine of up to $500 (18.2-11(c)).
• Blocking traffic for a race or exhibition. A person who "purposefully slows, stops, or impedes, or attempts to slow, stop, or impede, the movement of traffic, including pedestrian traffic, for the purpose of a race or exhibition driving" is guilty of a Class 1 misdemeanor (46.2-865(E)).
• Aiding or abetting. Under Section 46.2-866, a person "although not engaged in a race or exhibition driving," who "aids or abets any such race or exhibition driving is guilty of a Class 1 misdemeanor."

Impoundment and forfeiture

• 20-day impoundment. Under Section 46.2-867.1, the vehicle driven by a person "arrested for a violation of exhibition driving pursuant to subsection C or E of § 46.2-865 shall be impounded or immobilized by the arresting law-enforcement officer for a period of 20 days." A dismissal or acquittal of the subsection C or E charge results in "an immediate rescission of the impoundment or immobilization" (46.2-867.1(C)).
• Forfeiture. Under Section 46.2-867, the vehicle "shall be seized and shall be forfeited to the Commonwealth" if its owner (i) is convicted of racing it "in a prearranged, organized, and planned speed competition" in violation of Section 46.2-865(B), (ii) is present in the vehicle while another person races it and knowingly consents, or (iii) is convicted under Section 46.2-865.1.

Injury or death while racing

Section 46.2-865.1 applies to a person who, while racing or exhibition driving "in a manner so gross, wanton, and culpable as to show a reckless disregard for human life":

• causes "serious bodily injury to another person who is not involved in the violation" (a Class 6 felony); or
• "Causes the death of another person" (a felony "punishable by a term of imprisonment of not less than one nor more than 20 years").

On conviction, "the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years" (46.2-865.1(B)).

Is there a wet reckless in Virginia?

Article 7, which holds Virginia's reckless driving offenses, contains no separate alcohol-related reckless driving offense. Four provisions govern how reckless driving and DUI interact:

• Dual charges. Code 19.2-294.1 provides that whenever a person is charged with DUI under Section 18.2-266 "and with reckless driving in violation of § 46.2-852 ... growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge."
• Prior offenses. The list in Code 18.2-270(E) of convictions counted as prior DUI offenses names Sections 18.2-36.1, 18.2-51.4, 18.2-266 and 46.2-341.24(A), along with a former section, local ordinances and substantially similar laws of other jurisdictions. It does not name reckless driving.
• Alcohol safety action program. Under Section 46.2-392, a person convicted of a reckless driving offense "which the court has reason to believe is alcohol-related or drug-related" may be required to complete an alcohol safety action program.
• Reckless driving initially charged as DUI. Under Code 18.2-271.1(G), a court that convicts a person of any reckless driving violation under Article 7, where the person "was initially charged with a violation of § 18.2-266," keeps continuing jurisdiction during any period of license revocation related to that conviction, for the limited purposes of referring the person to a certified alcohol safety action program and providing for a restricted permit.

For DUI penalties themselves, see Virginia DUI laws.

Driving without a license in Virginia

Virginia separates driving with no license, driving while suspended or revoked, and simply not carrying a license.

No license (46.2-300). "A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor." On conviction, "the court may suspend the person's privilege to drive for a period not to exceed 90 days." The section also provides that the court "may, in its discretion, dismiss the summons or warrant, where proof of compliance with this section is provided to the court on or before the court date, unless such person was operating a commercial motor vehicle."

Suspended or revoked license (46.2-301). Driving while the license or privilege is suspended or revoked "is a Class 1 misdemeanor" (46.2-301(C)), and "the court shall suspend the person's license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked" (46.2-301(D)). Under Section 46.2-301(G), where "there have been no prior violations or convictions of this section within the past 10 years," the court may in its discretion dismiss the summons or warrant on proof of compliance on or before the court date, unless the person holds a commercial driver's license or commercial learner's permit or was operating a commercial motor vehicle. Where there has been a prior violation, the court "may dismiss or amend the summons or warrant, where proof of substantial compliance has been provided to the court."

Not carrying a license (46.2-104). A licensed driver who fails to carry the license and the vehicle's registration card "is guilty of a traffic infraction and upon conviction punished by a fine of $10." The section provides that a person summoned for failure to display who presents to the court, before the return date, a license or permit issued before the summons was issued, or a registration card, "shall, upon payment of all applicable court costs, have complied with the provisions of this section."

Driving on a suspended license also matters for reckless driving itself: it is one of the two conditions for the Class 6 felony in Section 46.2-868(B).

Virginia reckless driving and related offenses: penalty table

The class ranges come from Code 18.2-11 (misdemeanors: Class 1 up to 12 months and $2,500, either or both; Class 2 up to six months and $1,000, either or both; Class 3 a fine up to $500) and Code 18.2-10(f) (Class 6 felony). For the full class table, see Virginia felony and misdemeanor classes.

Vehicular homicide in Virginia

Apart from the reckless driving felonies in Sections 46.2-868(B) and 46.2-865.1(A)(2), the homicide offenses that can follow a fatal crash are covered on the Virginia manslaughter laws page.

Recent changes to Virginia reckless driving and racing laws

• 2025: exhibition driving and Intelligent Speed Assistance. The Code credits for the racing sections cite 2025 Acts of Assembly chapter 648, which amended Sections 46.2-865, 46.2-865.1, 46.2-866 and 46.2-867; Section 46.2-867.1 (the 20-day impoundment rule) dates from that chapter. Chapter 652 of the same session amended Sections 46.2-393, 46.2-506, 46.2-507 and 46.2-865, the sections that now contain the Intelligent Speed Assistance rules.
• 2026: Intelligent Speed Assistance. 2026 Acts chapters 686 and 687 amended Section 46.2-507, the program section.
• 2022: vulnerable road users. Section 46.2-816.1 (careless driving harming a vulnerable road user) dates from 2020 Acts chapter 1259 and was amended by 2022 Acts chapters 506 and 507.
• The general rule. Section 46.2-852 has not been amended since 1989 Acts chapter 727, and the speed-based rule in Section 46.2-862 was last amended by 2020 Acts chapters 444 and 445.

Related Virginia laws

• Reckless driving laws by state
• Virginia DUI laws
• Virginia manslaughter laws
• Virginia felony and misdemeanor classes
• Virginia lane splitting laws
• Virginia expungement laws

This article is general legal information about Virginia law, not legal advice. For a specific situation, contact a lawyer licensed in Virginia, or the Virginia Department of Motor Vehicles for driver's license and demerit point questions.

Last updated: 2026-10-21.

Frequently Asked Questions

Is reckless driving a misdemeanor in Virginia?

Yes. Code 46.2-868(A) makes every reckless driving conviction under Article 7 a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500, either or both (Code 18.2-11). It becomes a Class 6 felony in the death-while-suspended situation in 46.2-868(B).

How fast is reckless driving in Virginia?

Under Code 46.2-862, driving 20 mph or more over the applicable maximum speed limit, or over 85 mph regardless of the limit, is reckless driving. Code 46.2-861 separately makes it reckless driving to exceed a reasonable speed for the conditions, regardless of the posted limit.

Is 20 over reckless driving in Virginia?

Yes. Code 46.2-862 covers a speed of 20 miles per hour or more in excess of the applicable maximum speed limit, so 20 over meets the statute's first test.

How many points is reckless driving in Virginia?

Six. Code 46.2-492 assigns six demerit points to reckless driving under 46.2-852, speeding 20 mph or more over the limit and racing, and the DMV schedule lists most other reckless driving forms at six; failing to stop before entering a highway (46.2-863) is listed at four.

Will a reckless driving conviction suspend my license in Virginia?

For most reckless driving convictions the suspension is discretionary: the court may suspend for 10 days to six months (46.2-392) or 60 days to six months (46.2-393). Racing (six months to two years) and exhibition driving (up to six months) carry suspensions the statute says shall be imposed (46.2-865(F), (G)).

Can reckless driving be a felony in Virginia?

Yes, in two situations. It is a Class 6 felony under 46.2-868(B) when a driver suspended or revoked for a moving violation causes a death, and racing or exhibition driving that causes serious bodily injury or death is a felony under 46.2-865.1.

Does Virginia have a wet reckless?

Virginia's reckless driving article has no separate alcohol-related reckless driving offense. Code 19.2-294.1 requires a court to dismiss the remaining charge when a person charged with both DUI and reckless driving from the same act is convicted of one of them, 46.2-392 allows an alcohol safety action program for an alcohol- or drug-related reckless driving conviction, and 18.2-271.1(G) gives the court continuing jurisdiction over a reckless driving conviction where the person was initially charged with DUI.

What is improper driving in Virginia?

Under Code 46.2-869, where a reckless driving charge involves slight culpability, the court may find the accused guilty of improper driving instead, a traffic infraction with a fine of up to $500. The Commonwealth's attorney may also reduce the charge before the court's decision. It carries three demerit points (46.2-492).

Is a burnout or street takeover illegal in Virginia?

Exhibition driving, which includes spinning the wheels of a stationary vehicle and spinning in circles in close proximity to a group of two or more people, is reckless driving under Code 46.2-865(C). Impeding traffic for a race or exhibition is a Class 1 misdemeanor (46.2-865(E)), and the vehicle is impounded for 20 days on arrest (46.2-867.1).

What is the penalty for driving without a license in Virginia?

A first violation of Code 46.2-300 is a Class 2 misdemeanor (up to six months in jail and a fine up to $1,000), and a second or later violation is a Class 1 misdemeanor. The court may suspend the privilege to drive for up to 90 days.