Reckless Driving: More Than a Simple Traffic Infraction in Virginia

Traffic violations in Virginia range in severity, including fine-only infractions all the way up to misdemeanor or felony offenses carrying the possibility of jail or prison time. While most people might consider speeding to be a minor offense, the law in Virginia makes any person traveling in excess of 80 miles per hour subject to a charge of reckless driving. Since the maximum speed in Virginia is 65 miles per hour, this means that a person traveling as little as 15 miles an hour over the speed limit may face the penalties for reckless driving instead of for a normal traffic infraction, a fact underscored by the recent conviction of Nationals right fielder Jayson Werth for reckless driving in Virginia.

The Werth Case

Jayson Werth, who recently signed a $126 million contract to play with the Nationals, was reportedly driving his Porsche more than 100 miles per hour in Virginia when he was pulled over by a Virginia State Trooper. He allegedly told the Trooper that he felt comfortable in driving fast as he had previously raced the car on tracks and traffic was very light at the time. The stop occurred on July 6, and he was ticketed for driving 105 miles per hour in a 55 mile per hour Fairfax County speed zone.

Upon his conviction of the offense following a trial on Dec. 5, Mr. Werth was sentenced to serve 10 days in jail. Additionally, he had 170 days incarceration time suspended, had his driver’s license privileges suspended for six months and received a $1,000 fine. He is currently appealing the guilty verdict.

Possible Penalties for Reckless Driving in Virginia

The Werth matter demonstrates that a charge of reckless driving carries with it possibly serious consequences. A class 1 misdemeanor offense, the penalties include up to 12 months incarceration in the county jail, a fine of up to $2,500 and six months of suspension of the person’s privilege to drive in Virginia. If the person is from out of state, Virginia will inform the person’s home state about the conviction, as most states participate in an interstate compact program through which they recognize another state’s orders.

Possible Pleas and the Ability to Appeal

In many cases, especially if no accident occurred, a person may be able to negotiate a plea to a traffic infraction instead of to the reckless driving charge. Unlike traffic misdemeanors, infractions carry fewer points and do not involve sentences to incarceration. It is possible, for example, to negotiate a plea to speeding without reckless driving. While a person will still face a fine, he or she may avoid a jail sentence and the 6-point license hit.

If a person is convicted of reckless driving, he or she will have a very limited time to appeal the judgment. Any appeal of a judgment of conviction must be filed within 10 days of it. If a person waits longer than that, he or she will be time-barred from doing so, and the conviction will stand.

Reckless driving is not a charge that should be taken longer. If a person receives such a ticket, it is important that they are proactive and try to address it as soon as possible. The best time is before the court date ever occurs.