Is Reckless Driving a Felony?

Reckless Driving is a misdemeanor in Virginia, not a felony. That means punishments can include fines up to $2500 and incarceration up to 1 year in jail. In addition, Reckless Driving can include a license suspension of up to 6 months. While not a felony, a misdemeanor like Reckless Driving is distinct from a traffic infraction in that it is typically punishable by a fine of only $250 and doesn’t include a mandatory court appearance.

How Long Does Reckless Driving Stay on Your Record?

A record of a Reckless Driving conviction will be maintained by the Virginia DMV for 11 years. DMV demerit points only last for 2 years from the date of offense. Less serious matters might stay on your DMV record for a shorter period of time and carry less demerit point impact, but the offense of Reckless Driving stays there for 11 years.

Can You Get a CDL With a DUI?

Virginia holds CDL applicants and holders to a high safety standard. The rules here are complicated and depend on the nature and circumstances of an offense, but in general, a DUI can result in a one year CDL disqualification, and a subsequent DUI can result in a permanent disqualification.

How Long Does a DUI Stay on Your Record?

A DUI will remain on your Virginia DMV driving record for 11 years. However, there will typically be state and Federal records of arrests and criminal convictions that never go away. They would remain part of your permanent record unless/until you pursued an expungement.

Is DUI a Felony?

A typical DUI in Virginia is a misdemeanor, not a felony. Like most misdemeanors, that means the punishments can include fines up to $2500 and a jail sentence of up to 1 year. In addition, a DUI conviction carries mandatory license suspension and probation.

There are certain specific instances when a DUI might be charged as a felony. A felony is a crime punishable by more than one year of incarceration. The most common example of a DUI as a felony is one in which the accused has at least two prior convictions of that offense within the previous 10 years.

I’ve been charged with Reckless Driving. Now what?


Reckless Driving in Virginia is not merely a traffic ticket. Reckless Driving is a misdemeanor criminal charge, and as such, carries maximum punishments of up to one year in jail, license suspension for up to six-months, and a $2,500 fine. In addition, a conviction will result in a permanent criminal record with state and Federal law enforcement agencies. This can be a factor in a future job or school application. A conviction can have an impact on a security clearance application or renewal, affecting not only government employees, but even government contractors. A Reckless Driving conviction can have serious ramifications with your DMV record, auto insurance rates, and can even be a factor in your life insurance premium calculations.

Under Virginia law, Reckless Driving can be alleged in a number of different forms. General Reckless Driving under Virginia Code 46.2-852 hinges on dangerous driving. Sometimes this section might be invoked in a traffic accident circumstance. Very common in Virginia is Reckless Driving by speed alone. Virginia Code 46.2-862 defines recklessness as exceeding the posted speed limit by 20 miles per hour or more, or more than 80 miles per hour regardless of the speed limit.

Although one can be arrested for Reckless Driving, most commonly, a traffic summons is issued at the scene and you have a mandatory court date in the local General District Court.

What are punitive damages and when are they available in a Virginia drunk driving car accident case?


In a case where someone is injured by a drunk driver with a blood alcohol concentration of 0.15 or greater, Virginia allows the injured party to sue for punitive damages. Punitive damages are designed to punish the offending party and are stacked on top of the compensatory damages that the injured person might typically be awarded for their medical bills, lost wages and pain and suffering. Punitive damages can increase the value of your case significantly, so if you are involved in a motor vehicle accident with a drunk driver, it is important to consult an experienced personal injury trial lawyer.


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Fairfax, VA 22030
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