Virginia Reckless Driving Out of State Driver
Virginia Reckless Driving Out of State Driver

Virginia Reckless Driving Out of State Driver 

How does a Virginia reckless driving charge impact an out of state driver? I get this question all the time. In this article I will cover the most common misconceptions out of state drivers have about Virginia reckless driving tickets. In addition, I will cover some of the more severe consequences that only out of state drivers face. 

Virginia Reckless Driving Process for Out of State Drivers

Out of state drivers want definitive answers on how a Virginia reckless driving ticket will impact them. Here is how the process works: 
  1. You get a Virginia reckless driving ticket, but you live out of state.
  2. You are assigned a court date in the court where you got the ticket.
  3. Whatever you get convicted of is reported by the court to the Virginia dmv.
  4. The Virginia DMV then reports this and makes this information available to ALL of the states.
  5. Your home state then takes action.
Out of state drivers often have MORE SEVERE CONSEQUENCES. The reason for this is sort of a translation issue between states. Many states view reckless driving as a really big deal. They probably have a very high standard for driving behavior that amounts to reckless driving. And they probably DEFINITELY don't define reckless driving as merely driving 81 mph in a 70 like Virginia does. 

So the way it works is, all of the DMV's across America have their own laws. Virginia has MANY reckless driving laws. To make it easy for the states to work together, there is a unified set of motor vehicle codes that the DMV's use. The American Association of Motor Vehicle Administrators only has ONE code for reckless driving. 

Therefore, if you get convicted of reckless speeding in Virginia at 81 mph, it gets reported to your HOME state the SAME as 150 mph in a 70. Under the AAMVA code, reckless driving is reckless driving. So your home state DMV only sees the code for reckless driving which is M84.


Virginia reckless driving out of state driver
I have been retained by clients in Georgia, Kansas, Connecticut, Michigan, DC, New Hampshire, and others when they got notice their license would be suspended due to Virginia reckless driving. Most of these clients thought it was just a speeding ticket and no big deal. Then they called me after they got notice of the license suspension.

What is the Difference Between Speeding and Reckless Driving for Out of State Drivers?

Virginia law determines the nature of what you are charged with, not your home state. Think of marijuana possession as an example. Marijuana might be legal to purchase and possess in Colorado. However, if you transport it to a state where it is illegal, then you are guilty. 

Virginia reckless driving is the same. Virginia defines reckless driving by speed as a CRIMINAL OFFENSE and not a speeding ticket. Speeding tickets are traffic infractions and not criminal. Reckless driving in Virginia is CRIMINAL and it carries the following possible consequences unless you get it reduced: 
  1. permanent criminal record that never goes away and can never be expunged
  2. DMV demerit points
  3. license suspension in Virginia and your home state potentially
  4. jail time up to 12 months (usually reserved for cases in the 90's or 30 mph or more over the speed limit)
  5. many out of state drivers face an automatic license suspension
Speeding is NOT a criminal offense it is just a traffic infraction. It carries dmv points and a fine up to $250 and that's it. 

How to Tell if You are Charged With Reckless Driving in Virginia or Simple Speeding?

The Virginia code for RECKLESS DRIVING is 46.2-862. This is reckless driving by speed and it is a CRIMINAL OFFENSE. Look at your ticket. If the LAW SECTION says 46.2-862. 

The Virginia code for speeding is 46.2-870 through 46.2-878. If the LAW SECTION on your Virginia Uniform Summons does NOT say 46.2-862, and it is in the range of 46.2-870 through 46.2-878 then you are charged with SIMPLE SPEEDING. 

COMMON MISCONCEPTIONS ABOUT VIRGINIA RECKLESS DRIVING BY OUT OF STATE DRIVERS

Many out of state drivers call me and have these common misconceptions: 

1. I was not driving recklessly, I was only speeding.

ANSWER: If the law section on your ticket says 46.2-862 then you are charged with CRIMINAL MISDEMEANOR RECKLESS DRIVING BY SPEED.

2. The ticket says "Traffic Court" and not "Criminal" therefore it is not a misdemeanor.

ANSWER: In Virginia, general district court handles all traffic violations, infractions, misdemeanors, and even civil debt collection matters. The box on the ticket that says "traffic court" merely indicates that your Virginia Uniform Summons is related to a TRAFFIC MATTER. But traffic matters can be infractions, misdemeanors, or even felonies. In Virginia, they do all felonies, misdemeanors, and infractions in general district court if they originated from a traffic stop. So the term "Traffic Court" may seem minor to you, but it just means general district court cases that arise from a traffic stop. And they include misdemeanors and felonies.

3. My HOME state will not find out about this. 

ANSWER: When I was a kid in the 80's there was no uniform system for states to notify each other. Now, the DMV's in all 50 states report convictions to each other. Your home state WILL find out about any conviction.

4. My HOME state is not part of the interstate compact therefore an out of state ticket will not impact me.

ANSWER: Nothing is further from the truth. I have been retained by MULTIPLE clients in Michigan because Michigan sees the conviction for reckless driving in Virginia and Michigan has an AUTOMATIC license suspension for any conviction of reckless driving. Georgia is also supposedly not part of the compact and I have also been retained for a license suspension. Virginia WILL tell your home state about any conviction and they will take action as they see fit.

5. Reckless driving is not a misdemeanor in my HOME state so it won't impact me.

Answer: Your home state determines points, and they also determine your license suspension. But Virginia decides whether you have a permanent criminal record across all 50 states. In addition, the criminal record cannot be expunged once you are found guilty.

I Get That This Isn't a Speeding Ticket, What Can You do to Help with My Virginia Reckless Driving for Out of State Driver?

Leavitt & Martin has personally handled over 5000 reckless driving by speed cases in Virginia. We have over 18 years of combined legal experience. We do not hire low level associates to go to court. Daniel Leavitt & Corey Martin handle all sorts of reckless driving cases. 

We can usually help get charges reduced so it is not a criminal misdemeanor. Every case is different, and higher speed cases (20 mph or more over the limit, or bad driving records are more challenging and require more work.

Call today for a free consultation with either Daniel Leavitt or Corey Martin at 804-873-4004. We can provide consultations for the following locations: 

Emporia 
Sussex County
Brunswick County
Petersburg
Chesterfield
Dinwiddie
Greensville
Caroline
Hanover
Henrico
Hopewell
Mecklenburg
New Kent
Powhatan County
Prince George
Richmond
Colonial Heights

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