Hello, my name is Andrew Flusche. I’m your Virginia traffic attorney. If you’re charged with reckless driving, let’s look at how to fight the Virginia reckless driving statutes, and how we can try to prevail in your case for reckless driving. In Virginia, there are a bunch of different statutes for Virginia reckless driving and a statute is simply just the law in Virginia. It is what we call each individual law. So there’s a bunch of different versions.
So the first thing you need to do, is to look at your ticket and see what statute you’re accused of violating. The most common one … There’s about two or three that are the most common in Virginia … The most common is, under Virginia code 46.2-862, and that is the Virginia reckless driving statute for reckless driving by speed only. So if you’re charged for that, it simply means that you’re accused of going at a speed that is reckless driving in Virginia by definition. That would be any speed over 80 miles an hour, or any speed that is 20 or more miles an hour over the speed limit. So the most common one is reckless driving on the interstate for people going over 80 miles an hour. It’s the most common in Fredericksburg area.
Another statute that applies in reckless driving cases is 46.2-853. That’s for reckless driving for failure to maintain control of your vehicle. I’ve got another video on that issue. And what that statute covers is essentially accident cases. And a lot of them are single vehicle accidents, where the officers are claiming that you failed to maintain control because you went off the road. And you may have some strong defenses because the commonwealth has to prove that you are indeed reckless.
And then the final of the main, typically used statutes is 46.2-852. That’s just the general, or “catch all” reckless driving rule. And that statute says that basically any person is guilty of reckless driving if you drive in a way, or at a speed that is endangering life, limb or property. So if it doesn’t fit under any other specific statutes, the officer can charge reckless driving in general. And that happens in a lot of accident cases as well, or cases where there may be some other claim that you were reckless in some way. If you’re charged with reckless driving under any of these statutes, you definitely need to contact me so we can discuss your case.
You can also get started by requesting a copy of my free book about how to fight your Virginia reckless driving ticket and we can go ahead and get started analyzing your case, and seeing what defenses you may have, and what possible outcomes we’d like to get in court.