Introduction

reckless driving in virginia remains one of the most serious traffic-related offenses in Virginia, often resulting in severe penalties for those convicted. Recognized as a Class 1 misdemeanor—the same classification as some assault charges—reckless driving charges can carry significant consequences, including fines, license suspension, and even jail time. Virginia's strict stance on reckless driving has made it critical for drivers to stay informed about updates and changes to the laws governing this offense. Recent amendments to Virginia's reckless driving laws aim to address public safety concerns, clarify ambiguities, and incorporate modern technology. Here is an overview of the most notable updates.

Raising the Speed Threshold for Reckless Driving

One significant change to Virginia's reckless driving laws came with the passing of Senate Bill 63, which took effect on July 1, 2020. Previously, Virginia law classified driving at speeds of 80 mph or higher as reckless driving, regardless of the posted speed limit. However, SB 63 raised the threshold to 85 mph on highways where the posted speed limit is 70 mph. This change was designed to address inconsistencies in enforcement and reduce the number of drivers charged with reckless driving for exceeding 80 mph on higher-speed highways. While this amendment provides some relief for drivers, exceeding the speed limit by 20 mph or more still qualifies as reckless driving in Virginia.

Use of Automated Speed Enforcement

Virginia has increasingly embraced the use of technology to enforce traffic laws, including reckless driving. In 2020, the General Assembly authorized the use of speed cameras in school and work zones. These automated systems capture the license plate of vehicles traveling at excessive speeds and issue citations to the registered owner. While these citations are considered civil penalties and do not carry the same weight as a reckless driving charge, they reflect Virginia's growing reliance on technology to improve road safety. Although automated enforcement does not replace traditional police monitoring, it serves as a deterrent to reckless driving behaviors in high-risk areas.

Focus on Distracted Driving as a Contributing Factor

Reckless driving laws in Virginia have also evolved to address distracted driving, which has become a leading cause of accidents in recent years. As of January 1, 2021, it is illegal to hold a handheld device while driving. This hands-free law complements reckless driving statutes by targeting behaviors that contribute to dangerous driving conditions. Drivers caught using a handheld device while driving may face separate penalties, but if their actions result in behavior deemed reckless, they can also be charged under Virginia’s reckless driving laws. This legislative shift underscores the state's commitment to combating distracted driving and its impact on road safety.