Reckless driving; improper driving as a lesser included offense.
Summary
SB847 amends Virginia’s reckless driving statute to make clear that improper driving is a lesser included offense when the evidence shows only slight culpability. In a reckless driving case, a jury or judge may find a defendant not guilty of reckless driving but guilty of improper driving. The bill also authorizes a Commonwealth’s attorney to reduce a reckless driving charge to improper driving at any time before the court issues its decision, with notice to the court.
The bill keeps improper driving classified as a traffic infraction and preserves the existing penalty cap of a fine of not more than $500. In practical terms, the measure gives prosecutors and courts an explicit statutory pathway to resolve lower-level reckless driving cases as improper driving rather than forcing an all-or-nothing reckless driving outcome.
Impact
The bill amends and reenacts § 46.2-869 of the Code of Virginia, clarifying the relationship between reckless driving and improper driving in Virginia traffic law. It affects criminal and traffic court practice by expanding discretion for judges and prosecutors to downgrade charges in cases involving only slight culpability, while leaving the maximum penalty for improper driving unchanged as a civil traffic infraction fine. The change may reduce the number of reckless driving convictions and associated criminal consequences for some motorists.
Sentiment
The available voting history shows strong, unanimous support in both chambers, with no recorded opposition at any stage. The bill moved smoothly through committee and floor votes, suggesting broad agreement that the amendment is a practical clarification of existing traffic law rather than a controversial policy shift. No committee transcript objections are provided, and the legislative record reflects a generally favorable reception.
Contention
No notable contention is evident in the available record. The only substantive policy choice reflected in the bill is the degree of discretion given to courts and prosecutors to reduce reckless driving charges to improper driving when culpability is slight. Because the measure passed unanimously and no transcript debate is included, there is no documented opposition from prosecutors, defense interests, traffic safety advocates, or other stakeholders in the materials provided.