Reckless driving in West Virginia falls under the category of criminal offense, with two degrees. The lower degree is just for reckless driving, while the higher degree, carrying elevated penalties, is for reckless driving that causes serious bodily injury to another.
In West Virginia reckless driving is defined as operating a vehicle on any roadway with disregard for the well-being and safety of other individuals, as well as their property. With the higher degree of violation, serious bodily injury is defined as any harm creating substantial risk of death that causes long-term impairment, disability or disfigurement of another.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless driving |
Misdemeanor |
Incarceration of not less than 5 days but not more than 90 days, fines of at least $25 but not more than $500 |
6 |
Possibility of automatic license suspension, but only if reckless driving involved drag racing or was third offense within 24 months |
|
Reckless driving, causing serious bodily injury |
Misdemeanor |
Incarceration of not less than 10 days but not more than 6 months, fines of at least $50 but not more than $1,000 |
6 |
Possibility of automatic license suspension, but only if reckless driving involved drag racing or was third offense within 24 months |
For a first offense of reckless driving, save for instances of drag racing, you will likely not lose your license automatically, although you will accrue six points in addition to any outstanding points. You could lose your license from a point-based suspension, which occurs when you accrue 12 to 13 "live" points on their license. Points remain "live" for 2 years. Suspensions will last 30 days in these cases. Other causes for suspension of your license in terms of reckless driving may include failure to pay fines related to the charge or stemming from a civil judgment if you caused an accident.
Attendance at a state-approved traffic school can generate goodwill in the pending criminal case and can, per the approval of the courts, erase three "live" points from your driving record. This margin may prevent point-based suspension.
You might seek outright dismissal of the charges, as the existing reckless driving laws are vague, giving defense lawyers significant room to contest the nature of the charges.
For more information and insight into reckless driving laws in West Virginia, including insight into defense options and methods of retaining your license prior to and after conviction, consult with a lawyer.