Virginia’s Catch-all Statute For Reckless Driving


Va. Code Section 18.2-852 is a catch-all statute for reckless driving cases, that tend to be given out by police officers in accident cases. All of the other Reckless Driving statutes refer to particular driving behavior (excessive speed, failing to yield, etc.), but this statute is particularly (and purposefully) vague so as to include any type of driving behavior that may be deemed “reckless” that does not fall under the other code sections.
To prove this charge, the Commonwealth needs to prove 2 things:
- that you were driving on a “highway” of the commonwealth
- that you were driving “at a speed or in a manner so as to endanger the life, limb, or property of any person”
Va. Code Section 46.2-100 defines “highway” and generally includes all public roads, streets, and interstates, and can even include parking lots and private property depending on the location.
The more nuanced element of this charge is proving someone’s driving behavior is “reckless.” As stated before, the code section is purposefully vague. Because of that, many Virginia cases have argued over what exactly constitutes “reckless” driving behavior. A decades old case named Powers v. Commonwealth, is still good law today and states that the mere occurrence of an accident, without more evidence, is not enough to convict someone for reckless driving alone. This evidence can include such things as distracted driving, exceeding the speed limit excessively, or making dangerous driving maneuvers (such as abruptly cutting someone off). It’s also important to note, although this charge is given out often for accident cases, there is no need for an accident to occur for this charge to be brought and for someone to be convicted.
There are many defenses in these types of cases, and each is heavily reliant on the facts of each individual case. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.
Reckless Driving – Generally 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.

Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.
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