Speed
Virginia does not need a driver to be weaving or dangerous to charge reckless driving. Under Va. Code § 46.2-862, driving 20 mph or more above the applicable maximum — or exceeding 85 mph regardless of the posted limit — is reckless driving.
Rockingham County · Shenandoah Valley
A Virginia traffic charge is not a bill you pay and forget. Reckless driving and DUI are criminal charges in the Commonwealth, not infractions, and a conviction follows you onto your criminal record, your driving record, your insurance rating, and — for some drivers — your employment.
Law Offices Of SRIS, P.C. has represented drivers in Virginia since 1997. The firm handles traffic and DUI matters arising in Rockingham County and the surrounding Shenandoah Valley, and can be reached at (888) 437-7747 to request a consultation.
Rockingham County sits on one of the most heavily enforced stretches of road in Virginia. Interstate 81 runs the length of the county, carrying long-haul freight alongside local commuters. US-33 climbs east and west out of Harrisonburg. US-11 tracks the interstate through a chain of small towns where posted limits drop quickly and without much warning.
Three things follow from that geography.
Virginia does not need a driver to be weaving or dangerous to charge reckless driving. Under Va. Code § 46.2-862, driving 20 mph or more above the applicable maximum — or exceeding 85 mph regardless of the posted limit — is reckless driving.
A significant share of drivers stopped in the county do not live there. Out-of-state commuters, students, and commercial drivers passing through are all cited by officers who will be in court on the trial date whether the driver is or not.
I-81 is a freight corridor, and a commercial driver's exposure is not an ordinary motorist's. Under Va. Code § 46.2-341.18, a CDL holder faces one-year disqualification for a major offense — including operating at a BAC of 0.04 or above, refusal, or vehicular manslaughter — and lifetime disqualification on a second.
Practice scope
Each entry states the governing Virginia statute. Classifications are stated without penalty figures.
§ 46.2-852 · § 46.2-862 · § 46.2-869
Virginia has two principal provisions: reckless driving by speed, and reckless driving generally — driving on any highway recklessly, or at a speed or in a manner endangering life, limb, or property, irrespective of the posted maximum. Both are Class 1 misdemeanors. Under § 46.2-869 a court may instead find the accused guilty of improper driving, a traffic infraction with a fine of not more than $500, where the degree of culpability is slight. Whether that disposition is available in any particular case is a decision for the court, not for counsel and not for the Commonwealth.
§ 18.2-266
Unlawful to drive or operate a motor vehicle at a BAC of 0.08 percent or more by weight by volume, or while under the influence of alcohol, of a narcotic or self-administered intoxicant impairing safe operation, or a combination. The statute also reaches specified blood concentrations of cocaine, methamphetamine, MDMA, and PCP. A first offense is a Class 1 misdemeanor. Defense work here is technical: the basis for the stop, administration and calibration of the testing device, the observation period, chain of custody on a blood draw, and whether the officer's observations support what the report says they support.
§ 18.2-268.3
Virginia's implied consent law treats a driver arrested for DUI as having consented to chemical testing. An unreasonable refusal is a civil violation on a first offense, carrying a one-year license suspension. A second refusal within ten years is a Class 2 misdemeanor; a third is a Class 1 misdemeanor. The refusal charge and the DUI charge are separate, and one can be resolved differently from the other.
§ 46.2-301 · § 46.2-389
Driving while a license is suspended or revoked is a Class 1 misdemeanor, and the penalties escalate with repetition: a second offense within ten years, where the license was suspended for DUI or refusal, carries a ten-day mandatory minimum jail term. Section 46.2-389 separately requires the DMV Commissioner to revoke the license of a person convicted of certain enumerated offenses.
§ 46.2-894
A driver involved in an accident in which a person is killed or injured, or in which an attended vehicle or other attended property is damaged, must stop immediately, render reasonable assistance, and report the required personal information. Failure to do so is a Class 5 felony where there is injury, and a Class 6 felony where property damage exceeds $1,000.
§ 18.2-36.1
Where a death results from driving under the influence, the Commonwealth may charge involuntary manslaughter. These are felony matters with a different procedural posture from a misdemeanor traffic case, and they begin in circuit court after a preliminary hearing.
§ 46.2-341.1 · § 46.2-341.18
Section 46.2-341.1 sets out the definitions governing Virginia's Commercial Driver's License Act, and § 46.2-341.18 governs disqualification. A commercial driver should assume that a conviction reaching the driving record has consequences beyond the courtroom, including with an employer and an insurer.
Out-of-state exposure
Drivers licensed elsewhere should expect their home state to be notified and to apply its own point and suspension consequences. Drivers with an accumulating Virginia record face escalating administrative action from the DMV that is separate from anything the court orders.
Request a consultation →Venue
Traffic infractions and misdemeanors arising in Rockingham County are heard in Virginia's general district court system. Felony charges — and appeals taken de novo from a general district court conviction — move to circuit court, where a new trial is held on the record built there.
The firm's nearest Virginia location to Rockingham County is in Woodstock, in adjacent Shenandoah County — roughly forty minutes north of Harrisonburg on I-81.
Nearest office · Virginia
By appointment only. The firm maintains nine locations across Virginia, Maryland, New Jersey, New York, and Colombia; intake is staffed 24/7/365 at the toll-free number.
What to do next
Do not assume a prepayment option resolves a criminal charge. Prepaying is available for certain infractions; reckless driving and DUI are not among them, and a failure to appear creates a second problem on top of the first.
Call to request a consultation (888) 437-7747About the firm
Law Offices Of SRIS, P.C. was founded in 1997. Mr. Sris is the Owner and Founder and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm aims to match each matter to a named attorney rather than a rotating queue. Assignment depends on the matter, the court, and the bar in which counsel must be admitted, and is confirmed at engagement.
Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states. A Rockingham County matter is handled by counsel admitted in Virginia. Intake is staffed 24 hours a day, 7 days a week, 365 days a year.
Owner and Founder
Former prosecutor. Founded the firm in 1997 and has practiced continuously since. Testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635.
Of Counsel
Former Virginia State Trooper — fifteen years on the road before the courtroom. Reads a traffic or DUI file through the eyes of the officer who wrote the citation. JD University of Richmond (2003).
Of Counsel
Former Maryland Assistant State's Attorney. Criminal law, DUI defense, and traffic law. With the firm since 2010. JD Rutgers School of Law (2004).
Of Counsel
Personal injury and traffic law. Admitted in Virginia.
Of Counsel
Traffic law. Admitted in Virginia.
Of Counsel
Criminal law and CPS defense. Thirty-plus years of practice since 1994. JD The Catholic University of America (1994).
The full bench
Backgrounds in prosecution, law enforcement, academia, diplomacy, and former US Embassy service. Colombia attorneys are licensed in the Republic of Colombia, advise on Colombian law only, and are not admitted to any US state bar.
See all attorneys →Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states. Listing an attorney here does not mean that attorney will be assigned to your matter.
FAQ
Answers are byte-identical to the FAQPage structured data on this page.
Yes. Reckless driving under Va. Code § 46.2-852 and Va. Code § 46.2-862 is a Class 1 misdemeanor in Virginia, not a traffic infraction. A conviction creates a criminal record in addition to affecting your driving record.
Under Va. Code § 46.2-862, a driver commits reckless driving by speed by driving 20 miles per hour or more in excess of the applicable maximum speed limit, or by driving in excess of 85 miles per hour regardless of the posted limit.
For criminal traffic charges such as reckless driving and DUI, appearance is required unless the court excuses it. Prepayment is available for certain infractions but is not available for these charges, and failing to appear can result in an additional charge.
Under Va. Code § 18.2-268.3, an unreasonable refusal is a civil violation on a first offense and carries a one-year license suspension. A second refusal within ten years is a Class 2 misdemeanor and a third is a Class 1 misdemeanor. The refusal charge is separate from the underlying DUI charge.
A Virginia conviction is reported to the driver's licensing state, which then applies its own point assessment and suspension rules. The consequences at home are determined by that state's law, not by Virginia's.
Under Va. Code § 46.2-341.18, a commercial driver faces disqualification from operating a commercial vehicle for one year following a major offense, including operating with a blood alcohol concentration of 0.04 or above, refusal, or vehicular manslaughter, and faces lifetime disqualification on a second such offense.
Or schedule a consultation online. Locations are by appointment only.
Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Woodstock, Virginia505 N Main St, Suite 103
Woodstock, VA 22664
By appointment only · (888) 437-7747
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
This page provides general information about Virginia traffic and DUI law and is not legal advice. Contacting the firm does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established in writing.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Attorney responsible for this advertising: Mr. Sris.