Reckless Driving vs Improper Driving in Virginia
Reckless driving in Virginia is a Class 1 misdemeanor. Improper driving is a traffic infraction. That single difference decides whether a driver leaves court with a criminal conviction or with a traffic fine. Va. Code § 46.2-852 defines general reckless driving as driving recklessly, or at a speed or in a manner that endangers the life, limb, or property of any person. Va. Code § 46.2-862 adds a speed-only version: 20 miles per hour or more over the limit, or more than 85 miles per hour regardless of the limit. Va. Code § 46.2-869 gives the judge a middle path. On a reckless driving charge, the judge may find the driver not guilty of reckless driving but guilty of improper driving when the degree of culpability is slight. Improper driving carries a fine of not more than $500. To discuss a Virginia reckless driving charge with Law Offices Of SRIS, P.C., call (888) 437-7747.
The two charges side by side
| Point | Reckless driving | Improper driving |
|---|---|---|
| Statute | Va. Code § 46.2-852; § 46.2-862 (by speed) | Va. Code § 46.2-869 |
| Classification | Class 1 misdemeanor | Traffic infraction |
| Fine stated in the statute | Not stated in these sections | Not more than $500 |
| How it arises | Charged by the officer | Found by the judge on a reckless driving charge when culpability is slight |
When speed alone becomes reckless driving
Under § 46.2-862, no bad driving behavior is needed. The number on the radar or lidar reading is enough. Va. Code § 46.2-870 sets the general maximum limits that these numbers are measured against.
| Posted limit under § 46.2-870 | Where it applies | Speed that meets § 46.2-862 |
|---|---|---|
| 70 mph | Designated interstate highways | Over 85 mph |
| 55 mph | Default on highways not specifically designated | 75 mph or more |
| 35 mph | Business or residence districts | 55 mph or more |
| 25 mph | School crossing zones during school hours | 45 mph or more |
A driver going 86 miles per hour in a 70 zone is only 16 over the limit. The charge is still reckless driving, because the speed is above 85.
What “culpability is slight” means for a defense
The improper driving statute turns on how blameworthy the driving was. The facts that speak to that question come from the stop itself: the speed alleged, traffic and road conditions, and what the officer recorded. A driver’s record also shapes how a court views the event. Because § 46.2-869 places the decision with the judge, preparation before the court date matters more than explanation on the court date.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Reckless Driving Charges
The review starts with the summons and the statute section written on it. A charge under § 46.2-852 raises different questions than a speed charge under § 46.2-862. The speed measurement, the posted limit at the location, and the officer’s notes are checked against the statute. The client then receives a plain description of what a Class 1 misdemeanor conviction would mean and whether improper driving is a realistic request in that case.
Frequently asked questions
Is reckless driving a crime in Virginia?
Yes. Reckless driving under Va. Code § 46.2-852 and § 46.2-862 is a Class 1 misdemeanor.
Is improper driving a crime in Virginia?
No. Improper driving under Va. Code § 46.2-869 is a traffic infraction, punishable by a fine of not more than $500.
How fast is reckless driving in Virginia?
Twenty miles per hour or more over the limit, or more than 85 miles per hour regardless of the limit, under Va. Code § 46.2-862.
Can an officer write a ticket for improper driving?
The statute describes improper driving as a finding the judge may make on a reckless driving charge when the degree of culpability is slight.
Is 85 in a 70 reckless driving?
No, not by speed alone. The statute applies above 85 miles per hour. At 86 in a 70 zone, the charge meets § 46.2-862.
Does a reckless driving charge always get reduced?
No. The statute says the judge may reduce the charge. It does not require it, and no lawyer can promise that outcome.
About the attorney
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys have documented 4,739+ case results across all practice areas since 1997. Results may vary; prior outcomes do not guarantee a similar result.
Fairfax location: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
Related pages
- Reckless driving lawyer Fairfax County
- Reckless driving by speed lawyer Fairfax County
- Speeding ticket lawyer Fairfax County
Attorney advertising. Prior results do not guarantee a similar outcome.