Traffic Law
Traffic violations in Virginia are taken more seriously than in most states. What many drivers treat as a minor inconvenience can result in a criminal misdemeanor charge, jail time, license suspension, and a permanent record. Virginia is one of the few states where reckless driving is a criminal offense, not just a traffic ticket.
Miles Franklin represents clients facing traffic charges in Stafford County General District Court, Fredericksburg, and courts throughout Northern Virginia. Whether you are dealing with a speeding ticket, a reckless driving charge, or a DUI, having an attorney who understands Virginia’s traffic laws can make a significant difference in the outcome.
Reckless Driving in Virginia
Reckless driving is one of the most commonly misunderstood traffic offenses in Virginia. Under Va. Code § 46.2-852, reckless driving is a Class 1 misdemeanor, the same classification as assault and battery or DUI. It is not a simple traffic infraction.
Virginia recognizes several forms of reckless driving, including:
- Speeding 20+ mph over the limit or driving over 85 mph regardless of the speed limit (Va. Code § 46.2-862)
- Driving too fast for conditions, even if under the posted speed limit
- Passing a stopped school bus
- Failing to signal or driving with faulty brakes
- Racing on public highways
A reckless driving conviction carries up to 12 months in jail, a fine of up to $2,500, a 6-month license suspension, and 6 DMV demerit points. The conviction creates a permanent criminal record.
DUI/DWI
Driving under the influence of alcohol or drugs is a serious criminal offense in Virginia. Under Va. Code § 18.2-266, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs.
Virginia DUI penalties increase significantly with each offense:
- First offense: Up to 12 months in jail, $2,500 fine, 1-year license suspension, mandatory VASAP (Virginia Alcohol Safety Action Program)
- Second offense (within 5 years): Mandatory minimum 20 days in jail, 3-year license suspension
- Third offense (within 10 years): Class 6 felony, mandatory minimum 90 days in jail, indefinite license revocation
Virginia also has an implied consent law, meaning that by driving on Virginia roads, you have consented to a breath or blood test if lawfully arrested for DUI. Refusing the test carries its own penalties, including license suspension. Learn more about the legal consequences of DUI and how penalties are determined.
Speeding and Other Traffic Infractions
Not all traffic violations are criminal. Most speeding tickets and minor infractions are civil matters that result in fines and DMV demerit points but not a criminal record. However, even non-criminal infractions can have consequences, including increased insurance premiums and, with enough points, license suspension.
Virginia has specific rules for speed limits and penalties in construction zones, where fines are typically doubled and worker safety is a high priority for judges.
Hit-and-Run
Leaving the scene of an accident is a serious offense in Virginia. If the accident involves injury or death, a hit-and-run is a felony. Even property-damage-only accidents require you to stop, exchange information, and report the incident. Read about the legal consequences of hit-and-run accidents.
Distracted Driving
Virginia law prohibits the use of handheld mobile phones while driving. Under Va. Code § 46.2-818.2, holding a phone to talk, text, or use an app while driving is a traffic infraction with fines starting at $125 for a first offense and $250 for subsequent offenses. Learn about mobile phone driving laws and penalties in Virginia.
How a Traffic Attorney Can Help
Many people assume they should just pay a traffic ticket and move on. In Virginia, this is often a mistake, especially for reckless driving or DUI charges. Paying a reckless driving ticket is the same as pleading guilty to a criminal misdemeanor.
An attorney may be able to:
- Negotiate a reduction of the charge (for example, reducing reckless driving to improper driving, which is a traffic infraction rather than a criminal offense)
- Present mitigating evidence such as a clean driving record, completion of a driver improvement clinic, or a calibrated speedometer reading
- Appear in court on your behalf in many cases, so you do not have to take time off work
- Protect your driving record and prevent license suspension
Frequently Asked Questions
Is reckless driving a felony in Virginia?
No, reckless driving is a Class 1 misdemeanor, not a felony. However, it is still a criminal offense that appears on your permanent record. It carries the same maximum penalties as other Class 1 misdemeanors: up to 12 months in jail and a $2,500 fine.
Can I go to jail for a speeding ticket in Virginia?
For a standard speeding infraction, no. But if you were driving 20+ mph over the speed limit or over 85 mph, you can be charged with reckless driving, which does carry up to 12 months in jail. In practice, jail time for speed-based reckless driving is most common at very high speeds (90+ mph) or when combined with other factors.
Should I hire a lawyer for a traffic ticket?
For a simple speeding infraction, it depends on the circumstances. For reckless driving or DUI, absolutely. These are criminal charges with potential jail time, fines, license suspension, and a permanent criminal record. The cost of an attorney is typically far less than the long-term consequences of a conviction.
What is “improper driving” in Virginia?
Improper driving under Va. Code § 46.2-869 is a lesser traffic infraction that reckless driving charges can sometimes be reduced to. It carries a maximum fine of $500 and 3 demerit points, with no jail time and no criminal record. Getting a reckless driving charge reduced to improper driving is one of the most common and beneficial outcomes an attorney can achieve.
Schedule a Free Consultation
If you or someone you know is dealing with a traffic violation in Stafford, Fredericksburg, or Northern Virginia, schedule a free consultation with Miles Franklin to discuss your case and learn about your options. You can also call (276) 773-6102 to speak with the office directly.