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Reckless Driving on Private Property (parking lots)

Most reckless driving statutes in Virginia only apply on public roads. 46.2-852 (Reckless Driving general), 46.2-862 (Reckless Driving by speed), and 46.2-853 (Reckless Driving for failure to maintained proper control) all require that the driver commit the reckless act on a public roadway.

These laws do not apply on private property, namely parking lots. However, there is a special statute for reckless driving general on parking lots (46.2-864). There is no reckless driving statute for reckless driving by speed on private property or improper control on private property.

The following forms of reckless driving can be charged on private property. 46.2-855, 46.2-859 (passing a school bus-but only on certain types of private property), 46.2-860 and 46.2-861.

If you have been ticketed for reckless driving on private property, contact an attorney to find out whether the place you were ticketed qualifies as private property under Virginia traffic law and whether your form of reckless driving can be charged on private property.

Luke J. Nichols

The law firm of Nichols & Green pllc

(703) 383-9222

About Luke Nichols

Luke Nichols practices almost exclusively traffic law in Northern Virginia. His primary practice areas include reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Mr. Nichols has represented hundreds of Virginia drivers. You can also connect with Luke on Google+
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