DOES VIRGINIA ALLOW A PERSON TO BE CONVICTED OF IMPROPER DRIVING IF CHARGED WITH RECKLESS DRIVING?

AUTHOR: Anthony Montagna, III

As an attorney with almost 31 years of experience handling DUI charges, reckless driving charges, and other traffic violations, I would submit to you that I am an authority on traffic law in Virginia. In fact, I have handled close to 4.500 reckless driving cases since I first started practicing law in 1993. Furthermore, I handle reckless driving cases in Norfolk, Chesapeake, Newport News, Hampton, Virginia Beach, Accomack County, Northampton County and throughout Virginia.

Proposed Story Line:

Several years ago, I had a client, “Jack.” Jack is not his real name, and some of the facts of the story have been altered. Jack was charged with reckless driving after the police officer in Norfolk, VA alleged he drove his vehicle at a high speed, hit a curb and hit several cars.  There was no evidence that he was intoxicated.  Additionally, there was no evidence that he did anything wrong other than having an accident.  The property damage was fairly extensive.

What is Reckless driving in Virginia?

Generally, under Section 46.2-868 of the Virginia Code, reckless driving is a class one misdemeanor. However, under 46.2-868(B), “Every person convicted of reckless driving under the provisions of this article who, when he committed 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.” Some of the basis for a reckless driving conviction in Virginia are the following:

1. Driving 20 or more miles in excess of the maximum speed limit or in excess of 85 miles per hour regardless of the applicable maximum speed limit. (Section 46.2-862 of the Virginia Code)
2. Irrespective of the maximum speeds permitted by law, driving a motor vehicle on any highway recklessly or in a manner so as to endanger the life, limb or property of any person. (Section 46.2-852 of the Virginia Code)
3. Driving a vehicle, which is not under proper control or has faulty brakes. (Section 46.2-853 of the Virginia Code)
4. Driving too fast for highway and traffic conditions. (Section 46.2-861 of the Virginia Code)

Improper Driving in Virginia

Under Virginia Law, an individual may be convicted of improper driving instead of reckless driving. Section 46.2-869 of the Virginia Code states in part “upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving.”  However, the Commonwealth attorney may reduce a charge of reckless driving to improper driving at any time before the Judge rules and makes a decision. Improper driving is only a traffic infraction. An individual convicted of improper driving cannot be be punished by anything other than a fine up to $500, plus court costs. Thus, while an individual convicted of a reckless driving may have any punishment consistent with a Class I Misdemeanor, plus a license suspension, an individual convicted of improper driving cannot receive any active or suspended jail sentence, cannot have his or her operator’s license suspended, and is only convicted of a 3 point VA DMV traffic violation.

Contact the Elite Virginia Reckless Driving lawyer, Anthony Montagna, III, Today!

Anthony Montagna, III

• Winning Reckless Driving, Traffic, and DUI Cases Since 1993

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• Many Clients with Speeds Over 105 MPH or BAC’s Above .15

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• Representing Clients in Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk,  Southampton County, Northampton County, Hampton, Newport News, New Kent County, York County, Accomack County, and All of Virginia

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Some of Anthony’s Results:

Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable results are the following:

1. Reckless driving, 131 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
2. Reckless driving, 131 mph in a 55 mph zone:  a small fine less than $500 and 2 active days in jail to serve with a delayed reporting to a weekend two and a half weeks later
3. Reckless driving, 146 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
4. DUI and Reckless Driving with a B.A.C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION 
5. DUI with a B.A.C. of .24: DISMISSED
6. DUI and Refusal:  Refusal Nolle Prosequi  (Dismissed without prejudice), DUI amended to Reckless Driving
7. Reckless driving, 141 in a 55 mph zone, small fine and ONLY 5 days to serve on weekends
8. Client charged with DUI (Drugs):  GUILTY OF RECKLESS DRIVING
9. Client charged with DUI: GUILTY OF RECKLESS DRIVING
10. Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED
11. Client charged with DUI and Refusal:  Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance (REFUSAL CHARGE DISMISSED)
12. Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED
13. DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time
14. Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED
15. Client charged with DUI-First Offense.  Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail.  ALL JAIL TIME SUSPENDED.
16. Reckless driving, 131 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $150.00 fine
17. Reckless driving, 118 mph in a 55 mph zone:  REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
18. Reckless driving, 112 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $250.00 fine
19. Reckless driving, 112 mph in a 55 mph zone: DISMISSED
20. Reckless driving, Racing:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
21. Reckless driving, 110 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $350.00 fine
22. Reckless driving, 110 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, $500.00 fine
23. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
24. Reckless driving, 110 mph in a 55 mph zone: DISMISSED
25. Reckless driving, 108 mph in a 55 mph zone: REDUCED TO SPEEDING
26. Reckless driving, 107 mph in a 55 mph zone: REDUCED TO SPEEDING
27. Reckless driving, 107 mph in a 65 mph zone: DISMISSED
28. Reckless driving, 107 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
29. Reckless driving, 106 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
30. Reckless driving, 106 mph in a 55 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME OR LICENSE SUSPENSION
31. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
32. Reckless driving, 105 mph in a 55 mph zone: DISMISSED
33. Reckless driving, 104 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
34. Reckless driving passing a school bus: DISMISSED
35. Reckless driving where police officer testified that client’s vehicle crossed lanes of traffic and had vehicle almost cut in half: DISMISSED
36. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
37. Reckless driving, 102 mph in a 55 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $500.00 fine
38. Reckless driving, 104 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $300.00 fine
39. Reckless driving, 104 mph in a 30 mph zone: GUILTY OF RECKLESS DRIVING, BUT NO ACTIVE JAIL TIME
40. Reckless driving, 102 mph in a 60 mph zone: DISMISSED
41. Reckless driving, 101 mph in a 55 mph zone in Norfolk:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION WITH $100.00 fine
42. Reckless driving where client’s vehicle ran off road, flipped over a number of times, hit trees, ultimately hit a house off the road, and where the police office believed client drove his vehicle over 90 mph: DISMISSED
43. Reckless driving, client driving a motorcycle at a high rate of speed on the interstate with sudden lane change and driving between vehicles: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
44. Reckless driving, 98 mph in a 60 mph zone:  REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
45. Reckless driving, 97 mph in a 60 mph zone: DISMISSED
46. Reckless driving, 97 mph in a 55 mph zone: REDUCED TO SPEEDING
47. Reckless driving, 97 mph in a 60 mph zone: REDUCED TO SPEEDING
48. Reckless driving, 96 mph in a 60 mph zone: REDUCED TO SPEEDING
49. Reckless driving, 96 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
50. Reckless driving, 96 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
51. Reckless driving, 95 mph in a 65 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
52. Reckless driving, 95 mph in a 55 mph zone: DISMISSED
53. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO SPEEDING
54. Reckless driving, 95 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
55. Reckless driving, 94 mph in a 65 mph zone: REDUCED TO SPEEDING
56. Reckless driving, 94 mph in a 55 mph zone: DISMISSED
57. Reckless driving, 93 mph in a 65 mph zone: REDUCED TO SPEEDING, 19 miles over the limit
58. Reckless driving, 93 mph in a 55 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION WITH $250.00 FINE
59. Reckless driving 92 mph in a 55 mph zone: DISMISSED
60. Reckless driving 92 mph in a 60 mph zone: DISMISSED
61. Reckless driving, 92 mph in a 65 mph zone: REDUCED TO DEFECTIVE EQUIPMENT, A TRAFFIC INFRACTION 
62. Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
63. Reckless driving, 92 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
64. Reckless driving, 91 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
65. Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION 
66. Reckless driving, 91 mph in a 60 mph zone: REDUCED TO SPEEDING, A TRAFFIC INFRACTION
67. Reckless driving 90 mph in a 55 mph zone: REDUCED TO SPEEDING
68. Reckless driving, 90 mph in a 55 mph zone: REDUCED TO SPEEDING
69. Reckless driving, 90 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
70. Reckless driving 90 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
71. Reckless driving 89 mph in a 55 mph zone: REDUCED TO SPEEDING
72. Reckless driving 86 mph in a 60 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
73. Reckless driving 86 mph in a 60 mph zone: REDUCED TO IMPROPER DRIVING
74. Reckless driving, 86 mph in a 55 mph zone: REDUCED TO SPEEDING
75. Reckless driving, 86 mph in a 45 mph zone: REDUCED TO SPEEDING
76. Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
77. Reckless driving, 84 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
78. Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
79. Reckless driving, 82 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
80. Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
81. Reckless driving, 81 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
82. Reckless driving, 80 mph in a 45 mph zone: DISMISSED
83. Reckless driving, 80 mph in a 55 mph zone: DISMISSED
84. Reckless driving, 80 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION 
85. Reckless driving, 79 mph in a 55 mph zone, REDUCED TO SPEEDING
86. Reckless driving, 77 mph in a 55 mph zone, REDUCED TO SPEEDING
87. Reckless driving, 77 mph in a 55 mph zone, DISMISSED
88. Reckless driving 76 mph in a 55 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
89. Reckless driving 76 mph in a 55 mph zone: DISMISSED
90. Reckless driving, 74 mph in a 35 mph zone: DISMISSED
91. Reckless driving, 64 mph in a 35 mph zone: REDUCED TO DEFECTIVE EQUIPMENT
92. Reckless driving, 62 mph in a 35 mph zone: REDUCED TO IMPROPER DRIVING, A TRAFFIC INFRACTION
93. Reckless driving, 53 mph in a 25 mph zone: DISMISSED
94. Reckless driving, 50 mph in a 25 mph zone: REDUCED TO SPEEDING
95. Reckless driving: REDUCED TO SPEEDING, 19 MILES OVER THE SPEED LIMIT
96. Fifth Offense Drive on Suspended/Revoked License: DISMISSED
97. Drive on Suspended/Revoked License: DISMISSED
98. Drive on Suspended/Revoked License: DISMISSED
99. Drive on Suspended/Revoked License: DISMISSED