Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 7. Reckless Driving and Improper Driving
Virginia Code

Va. Code Ann. § 46.2-868 (2026)

Reckless driving; penalties

✓ current as of May 2026
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A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-818.2 shall include a mandatory minimum fine of $250.

Code 1950, § 46-210; 1950, p. 691; 1952, Ex. Sess., c. 16; 1958, c. 541, § 46.1-192; 1962, c. 302; 1970, c. 337; 1980, cc. 29, 221; 1989, c. 727; 2004, c. 349; 2013, cc. 752, 790; 2020, cc. 250, 543.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1996–2022 · leading case: John Beverly Chapman, Jr. v. Commonwealth of Virginia, 804 S.E.2d 326 (Va. Ct. App. 2017).
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John Beverly Chapman, Jr. v. Commonwealth of Virginia, 804 S.E.2d 326 (Va. Ct. App. 2017). · cites it 41× “Code § 46.2-868 provides for enhanced penalties for reckless driving if specified aggravating conditions are proven.”
Najee Finique Hairston v. Commonwealth of Virginia, 797 S.E.2d 794 (Va. Ct. App. 2017). · cites it 2× “2-857 (proscribing reckless driving by “travelling] abreast of any other vehicle traveling in a lane designed for one vehicle”); Code § 46.2-868 (providing that reckless driving is a Class 1 misdemeanor); see also Code § 46.”
Briggs v. Waters, 484 F. Supp. 2d 466 (E.D. Va. 2007). · cites it 4× “See Va.Code Ann. § 46.2-868(A). His employment was not terminated as a result.”
Dennis Vernon White v. Commonwealth of Virginia, 494 S.E.2d 896 (Va. Ct. App. 1998). · cites it 2× “Reckless driving is a Class 1 misdemeanor, Code § 46.2-868, carrying with it the potential for a twelve month jail sentence and a fine of not more than $2,500.”
United States v. Brooks, 64 M.J. 587 (A.C.C.A. 2006). “Under Va.Code Ann. § 46.2-868, “Every person convicted of reckless driving .”
Metro. Washington Airports Auth. v. Hagarty, 92 Va. Cir. 307 (Fairfax Cir. Ct. 2016). · cites it 3× “See Va. Code §§ 46.2-868; 18.2-270; 46.2-894; 18.”
Harold Turnbull, s/k/a Harold C. Turnbull v. Cnty. of Spotsylvania (Va. Ct. App. 2012). · cites it 2× “, Code § 46.2-868 (setting forth reckless driving as a Class 1 misdemeanor).”
Catherine Tyler v. Commonwealth of Virginia (Va. Ct. App. 2022). “We found standard proximate-cause principles applicable even in Chapman, despite that the statute there, Code § 46.2-868(B), required that the victim’s death be “the sole and proximate result” of the defendant’s reckless driving.”
S.C. Dep't of Motor Vehs. v. Dover, 813 S.E.2d 532 (S.C. Ct. App. 2018). “Va. Code Ann. § 46.2-868 (2017). South Carolina has only one statute defining reckless driving.”
Kenneth Allen Green, Jr. v. Commonwealth (Va. Ct. App. 1996). · cites it 2× “" (Emphasis added.) The circuit court then heard evidence and found appellant guilty of reckless driving and imposed a $150 fine.”
Commonwealth v. Dixon, 42 Va. Cir. 146 (Richmond County Cir. Ct. 1997). · cites it 2× “When digging through a pile of papers in the back seat, the officer picked up a small folded piece of paper. The defendant reached into the car and attempted to take this object from the officer.”
— Va. Code Ann. § 46.2-868(A) — 1 case
Briggs v. Waters, 484 F. Supp. 2d 466 (E.D. Va. 2007). “See Va.Code Ann. § 46.2-868(A). His employment was not terminated as a result.”
— Va. Code Ann. § 46.2-868(B) — 2 cases
John Beverly Chapman, Jr. v. Commonwealth of Virginia, 804 S.E.2d 326 (Va. Ct. App. 2017). “Code § 46.2-868 provides for enhanced penalties for reckless driving if specified aggravating conditions are proven.”
Catherine Tyler v. Commonwealth of Virginia (Va. Ct. App. 2022). “We found standard proximate-cause principles applicable even in Chapman, despite that the statute there, Code § 46.2-868(B), required that the victim’s death be “the sole and proximate result” of the defendant’s reckless driving.”
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