Having an attorney represent you in criminal traffic cases is highly advisable. Many self-represented individuals in Virginia learn the hard way about the serious consequences of these offenses.

An experienced criminal traffic attorney brings valuable knowledge and expertise to your defense. At a minimum, they will challenge the facts and procedures involved in the allegations against you. To secure a conviction, the Commonwealth must not only prove that your actions meet the elements of the offense but also demonstrate that proper procedures were followed in obtaining and presenting evidence in court. Criminal driving offenses often include reckless driving, hit-and-run, and driving on a suspended or revoked license. If you are charged with any of these offenses, it’s crucial to consider hiring an experienced attorney to defend your case.

Each of these offenses carries serious consequences, including significant jail time, hefty fines, court costs, and potential long-term impacts on your driving privileges.

Reckless Driving

The crime of Reckless Driving, which is defined in Va. Code §46.2-862 is a class 1 misdemeanor offense in Virginia. 

Reckless Driving in Virginia is not a typical speeding ticket. The State Assembly has made it a crime to speed in certain instances; those instances are defined in the reckless driving statute.  Many people think speeding is just a traffic offense they can pay a fine for. This is not the case.

A criminal violation is more serious than a traffic offense and has lasting consequences for your criminal record (a misdemeanor conviction) and driver’s license record (points, insurance increases) if not handled correctly.

Reckless Driving - Speeding: Defined under Virginia Code §46.2-852

Virginia’s Reckless Driving Statute, Va. Code §46.2-862 Exceeding speed limit, states:

“A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth:

  1. At a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or

  2. In excess of 85 miles per hour regardless of the applicable speed limit.”

Typically, to be cited for a criminal speed violation, a person must exceed, or travel over the posted speed limit or the speed limits described in the statute. 

Example #1: Driver #1 is traveling at 84 mph on Highway 66; Driver #2 is traveling at 87 mph in the lane next to Driver #1 on Highway 66.  Driver #1 is traveling below 85 mph, which is not a violation of § 46.2-862(3), although law enforcement may cite Driver #1 with a traffic violation. Driver #2 is exceeding (or traveling over) 85 mph, which is a violation of § 46.2-862), so he can be arrested for Reckless Driving. 

Example #2:  Driver is traveling at 77 mph in a posted 55 mph on Highway 495.  The driver is traveling 22 mph over the posted speed limit of 55 mph.  This is a violation of § 46.2-862 because he is traveling more than 20 mph over the posted speed limit so he can be arrested for reckless driving.

Penalties for Criminal Speeding Virginia Code §46.2-862

The penalties for a reckless driving conviction can include:

  • Up to one year in jail

  • A fine up to $2500

  • Suspension of drivers license

  • Demerit points assessed against your drivers license

  • Criminal record

Typically, most people facing a reckless driving are looking at jail time, a fine, and points assessed against their license. 

How many points is reckless driving in Virginia?

In Virginia, reckless driving adds results in 7 demerit points against your license.

Defenses Include:

Challenging Speed Detection Methods: Investigating if RADAR or LIDAR devices were properly calibrated and if the officer was trained to operate them.

Questioning Officer Accuracy: Evaluating visual estimations, pacing, and potential errors in measuring speed.

Proving Necessity: Demonstrating that the speed was necessary for safety or due to an emergency.

Reviewing Evidence: Analyzing body-worn camera footage, traffic flow, and road conditions.

Mitigation: Highlighting a clean driving record or other mitigating circumstances to negotiate for a reduced charge or dismissal.

Hit and Run

Hit and Run in Virginia: Understanding the Law and Consequences

“Hit and Run” is the commonly used term for Virginia Code §46.2-894, Failure to Report an Accident. This offense occurs when a driver, and any passengers, are involved in a motor vehicle crash and leave the scene without contacting the other driver or taking appropriate action. This crime applies to both crashes involving unattended property and occupied vehicles. The penalties for a hit-and-run charge escalate based on the value of the damage and whether anyone involved was injured.

What Are the Consequences of a Hit and Run?

  • Unattended Property Damage Over $500
    Classified as a Class 1 misdemeanor, this offense carries penalties of:

    • Up to 12 months in jail

    • Fines up to $2,500

    • Driver’s license suspension for up to 6 months

  • Attended Vehicle with Property Damage Over $500
    Also a Class 1 misdemeanor, with the same penalties as above:

    • Up to 12 months in jail

    • Fines up to $2,500

    • Driver’s license suspension for up to 6 months

  • Attended Property Damage Over $1,000
    Classified as a Class 5 felony, this offense carries penalties of:

    • Up to 10 years in prison

    • Fines up to $2,500

    • Driver’s license revocation for up to 1 year

  • Hit and Run Resulting in Death or Injury
    Also a Class 5 felony, with penalties of:

    • Up to 10 years in prison

    • Fines up to $2,500

    • Driver’s license revocation for up to 1 year

How Do I Fight a Hit and Run Charge?

Defenses Against the Facts:

  • Proving Driver Identity: The prosecution must establish that you were the driver at the time of the crash.

  • Lack of Knowledge: In some cases, a driver may be unaware that a crash occurred.

  • Compliance with the Law: Demonstrating that you stopped, provided the required information, and, in the case of unattended property, made a reasonable effort to locate the owner or reported the incident to the police within 24 hours.

  • Necessity/Emergency: Showing that you left the scene due to a medical emergency or safety concern.

Defenses Against Procedures:

  • Warrant Issues: Determining whether a warrant was required but not obtained.

  • Evidence Handling: Examining whether investigators failed to collect or properly safeguard evidence.

  • Constitutional Violations: Identifying any violations of your constitutional rights.

Why You Need an Experienced Hit and Run Attorney

It is essential to retain an experienced hit-and-run attorney to review the facts of your case and develop a strong defense. In some instances, the Commonwealth’s case may be compelling, but a skilled attorney can negotiate a more favorable resolution on your behalf.

Driving on a Suspended or Revoked License


For many, driving is essential for daily life—commuting to work, attending school, or running errands. Losing driving privileges can be a significant inconvenience, especially for extended periods. Licenses may be suspended or revoked for various reasons, such as accumulating too many points or committing a crime. Choosing to drive while your license is suspended, however, can lead to criminal charges. While this may seem like a minor offense, it’s crucial to take it seriously, as a conviction can have lasting consequences.

Penalties for Driving on a Suspended License

In Virginia, driving on a suspended or revoked license is a Class 1 misdemeanor, carrying severe penalties:

  • Up to 12 months in jail

  • Fines up to $2,500

  • Additional suspension or revocation of your license

  • Mandatory court fees

  • Towing and impound fees if your vehicle is seized

More severe consequences may apply if:

  • The driver has prior convictions.

  • The driver was reckless or involved in an accident.

  • The original suspension was due to a DUI, which often leads to more aggressive prosecution.

A conviction also becomes part of your permanent criminal record, potentially affecting job prospects, housing opportunities, and future interactions with law enforcement.

Defenses Against Driving on a Suspended License

Not all charges result in convictions. A skilled defense attorney can evaluate your case and identify potential defenses, such as:

  • Lack of notice: If the Virginia DMV failed to notify you of the suspension, this could be a valid defense.

  • Clerical errors: Administrative mistakes happen. If your license was not actually suspended, the charge may be dismissed.

  • Not operating the vehicle: If there’s no proof you were driving, the charge may not hold.

  • Emergency situations: Driving due to a medical or family emergency may influence the case outcome, especially during sentencing.

Why You Need a Criminal Defense Attorney

Although this charge may seem minor, prosecutors and judges take it seriously—especially for repeat offenders. Representing yourself or assuming the penalty will be minimal is a risky approach.

An experienced defense attorney can:

  • Review the evidence for procedural or substantive errors.

  • Ensure law enforcement followed proper procedures.

  • Advocate for the best possible outcome, such as reduced charges, diversion, or dismissal.

Attorney C. Ted Asbury brings a unique perspective as a former officer, using his knowledge of the system to defend individuals accused of crimes in Virginia. Each case is meticulously reviewed to minimize potential impacts and protect your future.