By Nichols & Green PLLC

July 01, 2015

There are many types of reckless driving in Virginia, but reckless driving for racing under 46.2-865 is one of the most serious. Racing comes with a mandatory 6 month to 2-year loss of driving privileges in addition to possible jail and fines and even forfeiture of their car.

If anyone is injured or killed racing then the crime becomes a felony with years in prison possible and 1-3 years of driving suspensions.


Racing requires two or more vehicles competing. Often the officers suspect racing because doing drivers are driving fast and aggressively next to each other. However, this does not prove they are racing. It could simply be two friends being jerks out on the road together.

The best form of evidence is a confession. The driver is pulled over and interrogated and then admits they were racing. However, if only the other driver confesses it is difficult to use this against the non-confessing driver because both drivers will be charged with racing. You cannot force a defendant to take the stand and testify against him or herself. So if the only other witness is also a defendant, the government will have a hard time forcing them to testify.

If a driver is arrested for reckless driving, and after their arrest, they confess. The confession may be suppressed from evidence if the officer did not first read the driver their Miranda rights. Police officers are not allowed to interrogate arrested individuals without first reading them their Miranda rights.

Without a Confession, proving reckless driving by racing can be very difficult, however, the prosecution may be able to amend the charge to another form of reckless driving (like reckless driving by speed instead).

If you have been charged with racing in Northern Virginia, give us a call for a free consultation (703) 383-9222 and to talk to a reckless driving attorney.