Virginia has relatively thorough traffic statutes. Drivers accused of significant traffic infractions face assertive enforcement efforts and potentially significant penalties.
If the state accuses a driver of reckless behavior on the road, they may face criminal charges instead of simply receiving a ticket. Reckless driving may occur due to patently unsafe behavior, like racing on a highway or making a vehicle airborne.
Other times, police officers may initiate reckless driving allegations in response to speed violations. When does speeding go from a simple ticket to a case of reckless driving?
When speeds are extreme
Generally speaking, the more a driver exceeds the posted speed limit, the higher the potential penalties. They may have to pay a higher fine when they exceed the speed limit by more than a few miles per hour (mph). Once the discrepancy reaches 20 mph or more, the driver may be at risk of reckless driving allegations.
When drivers don’t adjust to traffic conditions
Police officers can also assert that a driver was reckless when their speed may have been 10 mph over the posted limit or possibly just over the posted limit. Traffic statutes require that drivers adjust their behaviors based on traffic conditions.
If a motorist drives at 5 miles over the speed limit in icy, dangerous conditions, that could be sufficient to warrant reckless driving allegations. While the speed may not have been enough on its own to justify reckless driving allegations, the road conditions make their speeding that much more dangerous.
Fighting reckless driving charges often requires a careful approach. Drivers who want to avoid criminal records and other consequences may need help re-framing the speeding offense that led to their reckless driving charges.
