A police officer pulls you over for speeding, and you know that you’re likely to get a traffic ticket. You were breaking the speed limit, perhaps because you were in a hurry to get to work or some other obligation. Or, maybe you just didn’t understand what the speed limit was, so you were driving well over the limit because you didn’t check the speed limit signs. Either way, you know they’re going to write you a ticket.
You are surprised, however, when the officer tells you that you’re being cited for reckless driving. Weren’t you just speeding? What’s the difference, and how does Virginia define reckless driving to begin with?
Intentionally driving in a dangerous fashion
Under Virginia law, someone could be cited for reckless driving when they operate their vehicle “at a speed or in a manner so as to endanger the life, limb, or property of any person.”
In other words, they’re intentionally driving dangerously. They’re not just making a mistake or accidentally violating a traffic law. The way that they’re driving puts others in danger. They are either aware of that or should be aware of it, and they’ve chosen to drive dangerously anyway.
In some cases, it may depend on how far above the speed limit you actually were. There’s a very big difference between someone who accidentally drives five miles an hour over the limit while going down a hill and someone who drives 30 miles an hour over the limit while going through a school zone. The second driver has intentionally chosen to endanger pedestrians and other drivers, so they could face charges for recklessness.
Now, you certainly may not believe that reckless driving applies in your situation. That’s why it’s so important to understand what legal defense options you have.
