Reckless Driving Can Be Charged for Situations That Have Nothing to Do With Speed in Virginia?

There are many different forms of reckless driving in Virginia .  The most common form not based on speed is code section 46.2-852 - general reckless driving

This form of reckless driving requires the prosecutor to prove that the driver operated his vehicle in a manner which endangered someone's safety or property. 

This is often charged where there has been an accident or someone fell asleep at the wheel, was tailgating, changing lanes erratically or without using a signal.  It is charged in almost any situation where the driving behavior arguably created a possible danger to a person or property.

One other area where you see general reckless driving charged is where someone is stopped for suspicion of drunk driving.  The officer administers field sobriety tests and a preliminary breath test (on the side of the road).  If the officer finds that the driver is borderline or below the legal limit, he may elect to charge a reckless driving.

This is an area that is prime for a strong defense if there was no driving behavior.  There are a number of appellate court cases which indicate that the presence of alcohol alone is not enough for a reckless driving conviction.

In defending reckless general cases, it is important to have a good and complete understanding of the published case law.  There are a number of very beneficial cases on the issue of accidents, falling asleep at the wheel, and the role of speed and alcohol in general reckless driving cases.  Fairfax general Reckless Driving attorney Manikas relies heavily on this law and it has brought his clients a number of very favorable outcomes. 

Call or email  to schedule a free, no-obligation consultation with a Fairfax Reckless Driving attorney.