Virginia Law on Driving Too Fast For Road Conditions

Reckless Driving – Driving too Fast for Road Conditions

Va. Code Section 46.2-861 makes it Reckless Driving to drive at a certain speed that is considered too fast for current road conditions.

The conditions of the road at the time of the stop will determine whether or not someone was driving too fast. The most common reason this charge is given out is in situations where the weather is bad due to rain or snow. The road is slick and therefore even if someone is going the posted speed limit, the judge may deem it “too fast for road conditions.”

This charge is extremely subjective. Therefore, the facts of each individual case will be key in determining what is the best strategy for your case.

There is no requirement that the Commonwealth prove the driver intended to drive at the speed or that they even knew of the speed. Ignorance of the speed limit is not a defense and not being aware of your own speed is also no defense.

There are several ways the police officer can prove your speed to a judge. The first is with the radar on the front and rear of their vehicles. These radars go outwards in a cone shape and capture the speed of moving objects (i.e., motor vehicles). Second, the police officers can clock someone’s speed with their (ironically named) LiDAR. This device uses a laser to instantly determine someone’s speed. It is extremely accurate. The third way is for the police officer to pace the vehicle. The police officer needs to have followed the vehicle at the same speed for at least a quarter of a mile in order for this method to be considered accurate.

Just because these charges can be tough to beat at trial, does not mean a good outcome cannot be achieved. Each case is different and what constitutes a “good outcome” can vary greatly depending on the facts of each individual case. But it quite often possible to convince the judge to dismiss or reduce the charge to a simple traffic infraction by completing mitigation before the court date. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.

Reckless Driving is a class 1 misdemeanor and can result in a jail sentence of up to 1 year, a license suspension for up to 6 months, and a fine of up to $2,500. This charge is a major moving violation and results in 6 demerit points being placed on the defendant’s driving record and stays on their record for 11 years.