Improper Driving in Virginia: Points and Penalties

VA Improper Driving Charge: How It Compares to Reckless

If you've recently been charged with a traffic offense in Virginia — or if your attorney has mentioned the possibility of reducing a reckless driving charge — you may have come across the term "improper driving." It sounds minor, but understanding what improper driving actually means under Virginia law can make a real difference in how you handle your case.

This guide breaks down everything you need to know about improper driving in Virginia, including how it differs from reckless driving, what penalties to expect, and what steps you can take to protect your record.

What Is Improper Driving in Virginia?

Improper driving is defined under VA Code Section 46.2-869. It's a traffic infraction — not a criminal offense — that a judge can impose as a lesser charge when the original charge was reckless driving. In other words, improper driving doesn't exist as a standalone charge. You can't be pulled over and cited for it on the side of the road. Instead, it's a reduced charge that comes into play during the court process.

Under the statute, a judge may find a defendant guilty of improper driving when the evidence shows that the reckless driving offense was committed under circumstances that don't warrant the full weight of a criminal misdemeanor conviction.

Improper Driving vs. Reckless Driving in Virginia

This is where the distinction really matters. Reckless driving in Virginia is a Class 1 criminal misdemeanor. A conviction goes on both your driving record and your criminal record. Improper driving, on the other hand, is a simple traffic infraction — similar to a regular speeding ticket.

Here's how the two charges compare:

Criminal record impact. A reckless driving conviction creates a permanent criminal record. Improper driving does not. This alone makes the reduction significant, especially for employment, background checks, and professional licensing.

Demerit points. Reckless driving carries 6 demerit points that stay on your Virginia driving record for 11 years. Improper driving carries only 3 demerit points, and the impact on your record is far less severe.

Fines. The maximum fine for reckless driving in Virginia is $2,500. Improper driving carries a maximum fine of $500 — a substantial difference.

Jail time. Reckless driving can result in up to 12 months in jail. Improper driving carries no jail time at all since it's a traffic infraction, not a criminal charge.

License suspension. A reckless driving conviction can lead to a license suspension of up to six months. Improper driving does not typically result in license suspension.

Insurance impact. While both charges can affect your insurance rates, an improper driving infraction generally has a much smaller impact than a reckless driving misdemeanor.

When Can a Reckless Driving Charge Be Reduced to Improper Driving?

There's no automatic formula for when a judge will reduce a reckless driving charge to improper driving. It falls within the judge's discretion, and the outcome depends on several factors.

Speed and circumstances. If you were charged with reckless driving by speed, the closer your speed was to the threshold (85 mph or 20 mph over the limit), the more likely a judge may consider a reduction. Cases involving speeds of 90+ mph are harder to reduce.

Driving record. A clean driving record works strongly in your favor. Judges are more inclined to reduce charges for drivers who don't have a pattern of violations.

Proactive steps. What you do between the date of your charge and your court appearance matters. Completing a Virginia DMV-approved driver improvement course before your court date demonstrates that you're taking the situation seriously — and judges take notice.

Attorney representation. Having an attorney who knows the local court system and can present your case effectively can increase the chances of a reduction. Many Virginia traffic attorneys specifically aim for an improper driving outcome when defending reckless driving cases.

Accident involvement. If your reckless driving charge involved an accident — especially one with injuries — a reduction to improper driving becomes less likely, though not impossible.Improper Driving Virginia Penalties

While improper driving is far less severe than reckless driving, it still carries consequences you should be aware of.

Fine. Up to $500. The actual amount depends on the judge and the specifics of your case, but fines for improper driving are typically modest.

Demerit points. 3 demerit points are added to your Virginia driving record. These points remain active and can affect your driving privileges if combined with other violations.

No jail time. Because improper driving is a traffic infraction rather than a criminal offense, jail time is not a possibility.

No criminal record. This is one of the biggest advantages. An improper driving finding does not result in a criminal record, which means it won't show up on standard criminal background checks.

Insurance effects. Your insurance rates may increase slightly after an improper driving conviction, but the impact is generally much lower than what you'd see after a reckless driving misdemeanor.

How a Driver Improvement Course Can Help Your Case

One of the most effective steps you can take if you're facing a reckless driving charge in Virginia — and hoping for a reduction to improper driving — is to complete a Virginia DMV-approved driver improvement course before your court date.

Here's why this matters:

Demonstrates responsibility. Judges want to see that you're taking the charge seriously. Walking into court with a completed driver improvement certificate shows that you've already invested time and effort into becoming a safer driver.

Supports a reduction request. Whether you're representing yourself or working with an attorney, having a completed course on your record gives the judge a concrete reason to consider leniency. It's one of the most commonly recommended steps by Virginia traffic attorneys.

Earns safe driving points. Eligible Virginia drivers can earn up to 5 safe driving points by completing a DMV-approved 8-hour driver improvement course. These positive points help offset demerit points on your record and improve your overall point balance.

May reduce insurance costs. Many insurance providers offer discounts to drivers who complete an approved driver improvement course. This can help offset any premium increases resulting from your charge.

Builds better habits. Beyond the legal and financial benefits, a quality driver improvement course reinforces defensive driving techniques that reduce your risk of future violations.

What to Expect at Your Court Hearing

If your reckless driving charge has the potential to be reduced to improper driving, your court appearance is where that decision gets made. Here's what to keep in mind:

Bring documentation. If you've completed a driver improvement course, bring your certificate. If you have a clean driving record, consider bringing a copy of your DMV transcript. Any documentation that supports your case should come with you.

Dress professionally. First impressions matter in court. Business attire shows respect for the process and the judge.

Be respectful and prepared. Address the judge as "Your Honor," answer questions honestly, and be brief. If you have an attorney, let them do the talking.

Understand the possible outcomes. The judge may find you guilty of reckless driving as charged, reduce the charge to improper driving, reduce it to a standard speeding ticket, or dismiss the case entirely. A reduction to improper driving is often considered a favorable outcome.

How Long Does Improper Driving Stay on Your Record in Virginia?

An improper driving conviction stays on your Virginia driving record, and the 3 demerit points remain active for a period determined by the DMV. However, because improper driving is a traffic infraction rather than a criminal offense, it does not appear on your criminal record.

This is a key distinction from reckless driving, which stays on your driving record for 11 years and creates a permanent criminal record unless expunged.Frequently Asked Questions

Is improper driving in Virginia a misdemeanor?

No. Improper driving in Virginia is a traffic infraction, not a criminal misdemeanor. This is one of the primary reasons why a reduction from reckless driving to improper driving is considered a significant legal outcome. It keeps a criminal conviction off your record.

Can I be charged with improper driving directly?

No. Under VA Code 46.2-869, improper driving is only available as a reduced charge from reckless driving. A police officer cannot write you a ticket for improper driving during a traffic stop. It can only be imposed by a judge during the court process.

How much is the fine for improper driving in Virginia?

The maximum fine for improper driving in Virginia is $500. In practice, fines are often lower and depend on the specifics of your case and the judge's discretion.

Will improper driving affect my insurance?

It can, but typically less than a reckless driving conviction would. Since improper driving is a traffic infraction with 3 demerit points rather than a criminal misdemeanor with 6 demerit points, insurance companies generally treat it more favorably. Completing a driver improvement course may also help offset any insurance increases.

Should I hire a lawyer for a reckless driving charge if I want it reduced?

While you're not required to have an attorney, many drivers find that legal representation increases the chances of a favorable outcome — including a reduction to improper driving. An experienced Virginia traffic attorney understands local court practices and can present your case in the most effective way. That said, taking proactive steps like completing a driver improvement course can strengthen your position whether or not you hire a lawyer.

Ready to Take a Proactive Step?

Whether you're preparing for a court date, looking to earn safe driving points, or simply want to invest in better driving habits, completing a Virginia DMV-approved driver improvement course is one of the smartest moves you can make.

ABC Driving Improvement offers an 8-hour online course that's entirely self-paced. You can complete it from your phone, tablet, or computer — in one sitting or across multiple sessions. Your certificate of completion is available as soon as you finish.

Visit abcdrivingcourse.com to get started today.