Virginia criminal charge

Reckless driving in Virginia

Current through 2026 Virginia legislative session

Reckless driving is a criminal offense under Virginia law, defined by Va. Code Ann. § 46.2-868. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by Va. Code Ann. § 46.2-868.

What is the penalty for reckless driving in Virginia?

Penalties for Reckless driving
Penalty	Range	Basis	Authority
Jail / prison	up to 12 months (Reckless driving — general — Applies to any person convicted of reckless driving under this article.)	discretionary	Va. Code Ann. § 18.2-11
Fine	up to $2,500 (Reckless driving — general — Applies to any person convicted of reckless driving under this article.; either or both with confinement (§ 18.2-11(a)))	discretionary	Va. Code Ann. § 18.2-11
Jail / prison	1 years to 5 years (Reckless driving causing death while driving on suspended/revoked license — Applies when the person was driving without a valid license due to suspension or revocation for a moving violation and, as the sole and proximate result of the reckless driving, caused the death of another.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f)))	discretionary	Va. Code Ann. § 18.2-10
Fine	up to $2,500 (Reckless driving causing death while driving on suspended/revoked license — Applies when the person was driving without a valid license due to suspension or revocation for a moving violation and, as the sole and proximate result of the reckless driving, caused the death of another.; with the jail-confinement alternative under § 18.2-10(f))	discretionary	Va. Code Ann. § 18.2-10

Applies to current.

How is reckless driving classified in Virginia?

The classification depends on the circumstances:

Classification variants for Reckless driving
Variant	Classification	When it applies	Statute
Reckless driving — general	Class 1 Misdemeanor	Applies to any person convicted of reckless driving under this article.	Va. Code Ann. § 46.2-868A
Reckless driving causing death while driving on suspended/revoked license	Class 6 Felony	Applies when the person was driving without a valid license due to suspension or revocation for a moving violation and, as the sole and proximate result of the reckless driving, caused the death of another.	Va. Code Ann. § 46.2-868B

Common questions about reckless driving in Virginia

Is reckless driving a felony or a misdemeanor in Virginia?

It depends on the circumstances: reckless driving ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 46.2-868.

Reckless driving — general: class 1 misdemeanor (Va. Code Ann. § 46.2-868A) · Reckless driving causing death while driving on suspended/revoked license: class 6 felony (Va. Code Ann. § 46.2-868B)

What are the penalties for reckless driving in Virginia?

Penalties for reckless driving in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-11 and Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.

Which Virginia statute covers reckless driving?

Reckless driving is governed by Va. Code Ann. § 46.2-868 (Reckless driving; penalties).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.