Virginia Reckless Driving — Vehicle Not Under Control or View Obstructed: Fines, Points & What to Do

You slide off a wet road into a ditch with no one else involved, or you get pulled over with four friends crammed into the front bench and a mattress blocking the back window. You weren't speeding and you didn't hit anyone — so the reckless driving charge on your ticket comes as a shock. In Virginia, reckless driving isn't only about speed.

Two of the Commonwealth's lesser-known reckless statutes — § 46.2-853 (driving a vehicle that is not under control or has faulty brakes) and § 46.2-855 (driving with your view obstructed or your control impaired) — turn everyday situations into a criminal charge. This guide explains what each law covers, the fines and 6 demerit points at stake, the insurance fallout, and the steps, including a DMV-approved driver improvement course, that can help.

What Is "Vehicle Not Under Control" or "View Obstructed" Reckless Driving?

Virginia defines more than a dozen separate forms of reckless driving. Two of them have nothing to do with how fast you were going:

• § 46.2-853 — Driving a vehicle that is not under control; faulty brakes. This is often charged after a single-vehicle crash or a slide where the officer concludes the driver lost control, or when a car's brakes are found to be inadequate. Prosecutors sometimes use it when there's a collision but no clear witness to the cause.

• § 46.2-855 — Driving with the driver's view obstructed or control impaired. This covers carrying more people in the front seat than the vehicle is designed for, loading cargo so that it blocks your view out the windshield, rear, or side windows, or anything that interferes with steering, braking, shifting, or signaling.

Both are judgment calls. Carrying passengers or a full load isn't automatically illegal — an officer decides whether your setup actually threatened your control of the vehicle. That subjectivity is exactly why these charges are so often contestable. For related situations, see our guides to overloaded-vehicle reckless driving and reckless driving for faulty brakes.

It helps to see how these differ from the general reckless statute, § 46.2-852, which covers driving "in a manner to endanger life, limb, or property." Sections 46.2-853 and 46.2-855 are narrower: they describe specific conditions — a car you can't control, bad brakes, a blocked view, an impaired ability to steer or stop. In practice, officers reach for them after single-vehicle crashes with no clear cause, a car that slid on a wet or icy road, a vehicle stuffed for a move, or a pickup bed loaded so high the mirrors are useless. Knowing exactly which subsection you're charged under matters, because the defense is different for each.

Fines & DMV Demerit Points

Here is the part that surprises most drivers: because this is reckless driving, it is a Class 1 misdemeanor — a criminal offense, not a traffic infraction. The maximum exposure is the same as any other reckless charge in Virginia:

Most first-time, no-injury cases don't end in jail, but the 6 demerit points and the permanent misdemeanor on your record are almost automatic on a conviction. Those points stay active against your balance for two years from the offense date, while the reckless conviction itself remains visible to the DMV for about 11 years. Stack reckless points onto any existing total and you can trip Virginia's suspension thresholds — see how demerit points add up.

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How It Affects Your Car Insurance

Insurers treat a reckless driving conviction as a red flag on par with the most serious moving violations. A single reckless mark commonly pushes premiums up 20% to 80%, and some carriers decline to renew high-risk drivers outright. Because this conviction can sit on your record for roughly a decade, the extra premium you pay over those years frequently exceeds the court fine many times over. Our breakdown of reckless driving insurance increases walks through the numbers. The surest way to limit the damage is to keep your record clean afterward and show your insurer you've completed a safety course.

The stakes are higher still if you hold a commercial driver's license (CDL). A reckless driving conviction is a serious violation under federal rules, and two serious violations within three years can disqualify a CDL — even when you were driving your personal car at the time. Commercial drivers should never simply prepay one of these charges; see our guide to how violations affect a Virginia CDL.

What to Do After the Charge

1. Don't just prepay it. Reckless driving is a criminal charge; in most Virginia courts you must appear. Pleading or paying without understanding the consequences locks in the misdemeanor. Read what a reckless conviction really costs first.

2. Consider contesting or reducing it. Because §§ 46.2-853 and 46.2-855 hinge on an officer's judgment, these charges are frequently reduced — often to improper driving, a 3-point infraction. A traffic attorney can assess your options.

3. Take a DMV-approved driver improvement course before your court date. Judges in Virginia look favorably on drivers who complete a course voluntarily — it can support a reduction and adds 5 safe-driving points to your record. See the course for reckless driving charges.

4. Monitor your record and insurance. After the case resolves, check your driving record to confirm the points and status are accurate, and shop your insurance once you have a clean stretch.

Not sure which course you need? Check your court paperwork or DMV letter for your assigned code, then match it below:

Frequently Asked Questions

Is "not under control" reckless driving really a criminal charge?
Yes. Both § 46.2-853 and § 46.2-855 are Class 1 misdemeanors in Virginia, carrying up to a $2,500 fine, up to 12 months in jail, and 6 demerit points — far more than a standard ticket.

Can a crowded front seat alone get me charged?
It can, under § 46.2-855, if an officer believes the passengers obstructed your view or your ability to control the car. It isn't automatic — the officer must conclude your control was actually impaired, which is also why the charge is contestable.

Will completing a driver improvement course help my case?
It can't guarantee a reduction, but Virginia judges often view a voluntarily completed DMV-approved course as a sign of good faith, and it adds 5 safe-driving points regardless of the outcome.

Enroll Today and Protect Your Record

A reckless driving charge for losing control or an obstructed view is serious, but you have moves. ABC Driving Improvement's 8-hour, DMV-approved driver improvement course is 100% online and self-paced, adds 5 safe-driving points to your Virginia record, and gives you documentation to bring to court.

Enroll today — $74.99 — DMV-approved, 100% online, with a 30-day money-back guarantee.

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