Va. Code § 46.2-864: Reckless on Private Property
This statute covers driving that endangers “life, limb or property” on private property open to the public and on public roads under construction. The most common examples involve parking lots.
Va. Code 46.2-864 Reckless Driving – General Reckless in Parking Lots
“A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
- On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
- On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
- On any highway under construction or not yet open to the public.”
- Class 1 misdemeanor (Criminal Conviction)
- 0 to 12 months in jail
- $0-$2,500 in fines
- 0-6 months loss of license
- 6 Va DMV demerit points
There are two main ways we prevent conviction for reckless driving in parking lot in Fairfax:
1) We attack the culpability. We try to show reasons why the driver does not deserve these harsh punishments and ask the court to reduce the charge to a less sever traffic ticket.
2) We attack the accuracy and admissibility of the police officer’s speed equipment and the techniques he used to measure the driver’s speed.
For more information about reckless driving by defenses, click here.
Some of the things we recommend drivers do, can include (click the links for more information):
- Taking a Driver Improvement Course
- Getting a Speedometer Calibration (if you are accused of speeding)
- Get a copy of the police accident report (if it involved an accident)
- Writing a brief biography about yourself
- Writing a detailed incident summary about yourself
- Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving in a Parking Lot
In Fairfax, prosecutors will not negotiated with unrepresented defendants; however, your attorney might be able to get the reckless driving charge reduced from a criminal reckless driving charge to one of the following non criminal traffic tickets:
- Speeding at the same or lower speeds (if it is related to speed)
- Improper Driving
- Failure to Obey a Highway Sign
- Failure to Pay Full Time and Attention