Many people are stunned to learn that reckless driving in Virginia isn’t a traffic ticket — it’s a criminal misdemeanor that goes on your permanent record and can’t be expunged. A single charge can threaten your job, your insurance rates, and, for professional drivers, an entire career. If you’re facing a reckless driving charge in Hampton Roads, Decker Law can help. Call 757-622-3317 for a free consultation, available 24/7.
RECKLESS DRIVING IS A CRIMINAL CHARGE
Virginia defines reckless driving broadly — operating a vehicle “recklessly or at a speed or in a manner so as to endanger life, limb, or property” (Va. Code § 46.2-852). In practice, that covers a lot: driving 85 mph or more, or 20-plus over the limit; racing; passing a stopped school bus or emergency vehicle; faulty brakes; and aggressive moves like tailgating or weaving. What ties them together is that every one is a Class 1 misdemeanor, not a mere infraction.
The consequences run deep. A conviction can mean up to a year in jail, a $2,500 fine, a six-month license suspension, six demerit points that stay on your record for 11 years, and a permanent criminal record — one Virginia does not allow you to expunge. That record surfaces on background checks for jobs and housing, and it can end careers that depend on a clean driving history or a security clearance. Because these cases turn on evidence and are decided by a judge, they’re worth fighting with experienced help.
RECKLESS DRIVING: WHAT TO KNOW
What counts as reckless driving in Virginia?
Driving 85+ mph or 20+ over the limit, racing, passing a stopped school bus or emergency vehicle, driving with faulty brakes, and aggressive behaviors like tailgating or weaving — among others (Va. Code § 46.2-852).
What are the penalties?
A Class 1 misdemeanor: up to 12 months in jail, up to a $2,500 fine, a possible six-month license suspension, and six demerit points that remain for 11 years — plus a permanent criminal record.
Why can’t I just pay it like a ticket?
Because it’s a criminal charge, not an infraction. You have to appear in court, and a judge decides the outcome based on the evidence — which is exactly why representation matters.
How can a lawyer help?
By challenging the evidence (including radar or speed-measurement accuracy), negotiating for a reduced charge, and presenting mitigation like a clean record, speedometer calibration, or a completed driver-improvement course. These take time to arrange, so acting early helps.
Can traffic school help my record?
Completing Virginia’s driver-improvement course can add five safe-driving points and may earn an insurance discount — a useful step your lawyer may recommend as part of the strategy.
WHY THE ACCUSED CHOOSE DECKER
We treat it like the crime it is
Reckless driving is a misdemeanor, not a ticket. We defend it with the seriousness a criminal charge demands.
We challenge the evidence
Speed readings, officer accounts, and equipment calibration all have weak points. We find them and use them.
We protect your record
A permanent, unexpungeable record is the real stake. We work to reduce or dismiss the charge and keep it off your history.
MEET OUR LAWYERS
Peter Decker, III
Peter Decker, III focuses his practice on criminal, traffic, and personal injury. He regularly practices in the General District, Juvenile and Domestic Relations, and Circuit Courts of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Hampton, Suffolk and Newport News.
MEET OUR LAWYERS
Cole Roberts
A Norfolk native and former Public Defender, Cole Roberts represents clients in criminal defense and traffic matters, from reckless driving and DUI to serious felonies. He has tried numerous jury cases across the seven Hampton Roads cities.
MEET OUR LAWYERS
Jeffrey Partington
A Virginia Beach native, Jeffrey Partington serves clients in personal injury, workers’ compensation, and business law, and has worked both sides of the aisle. He practices in the courts of Norfolk, Virginia Beach, Chesapeake, Newport News, Portsmouth, Hampton, and Suffolk.
MEET OUR LAWYERS
Martin Thomas, Jr.
Martin Thomas, Jr. focuses on personal injury, criminal, and traffic law, along with contract law and civil litigation. He tries cases in the courts of Virginia Beach, Norfolk, Portsmouth, and Chesapeake, and serves on Norfolk City Council.
MEET OUR LAWYERS
Michelle Parker
Michelle Parker concentrates on personal injury, elder law, wills, trusts and estates, litigation, corporate law, and criminal defense. She handles civil, probate, and traffic cases throughout the seven cities of Greater Hampton Roads.
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Martin Thomas
Martin Thomas is the firm’s president and managing attorney, concentrating on personal injury, criminal, and traffic law. He handles multimillion-dollar injury cases throughout Virginia and has been named to Super Lawyers for personal injury.
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George Neskis
George Neskis represents clients charged with criminal and traffic offenses — from DUI and reckless driving to felony matters — and also handles personal injury. A former Norfolk Assistant Commonwealth’s Attorney, he practices across all seven Hampton Roads cities and has been named to Super Lawyers for criminal defense.
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Joseph Rigney
A Chesapeake native and former prosecutor, Joseph Rigney focuses on personal injury and criminal defense, including traffic law. He tries both civil and criminal cases in the courts of Norfolk, Portsmouth, Virginia Beach, Chesapeake, Suffolk, Hampton, and Newport News.
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Joel Weintraub
Joel Weintraub has been practicing law for over 40 years and focuses his practice on civil litigation involving disputes between individuals and corporations. Joel’s recent cases involve corporate litigation, personal injury, business law, will and trust contests and interpretation, shareholder rights, and estate administration.
Mitigation like speedometer calibration and a driver-improvement course takes time to line up — the sooner we start, the stronger your position in court. Reach us by text, chat, phone, or email, or call 757-622-3317.
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