The Following information is provide to inform the Public Traveler on topics that they may not be aware of

  • Recent changes in the laws applying to the location that released convicted Sexual Offenders can reside have resulted in some taking up residency at motels. Though states, like New York, call for the registering of these offenders and limit the number that can take up residence at each motel, the same lawmakers have loop holes to expand the system. Families traveling with children, or anyone for that matter, would be prudent to check the status of any motel / hotel / bed & breakfast, that they will be staying at during their travels.

    The state of Virginia has a little known / publicized law that can impact travelers on their highways. When entering the state of Virginia, there are signs posted that the use of Radar Detectors is ILLEGAL, which is fine, as that is a policy that the motoring public should be aware of. However, the state of Virgina has an un posted law that elevates a charge of speeding to Reckless Driving for being accused of traveling at a speed as little as 11 miles per hour over the posted speed limit.

    From the National Highway Safety and Traffic Administration Website

    Reckless Driving. The criminal offense of "reckless driving" is defined as driving "any vehicle in willful or wanton disregard for the safety of persons or property." See Uniform Vehicle Code 11-901(a). Note: Speed is not necessarily a factor in this offense.

    From the actual Law as passed by the legislature of the State of Virginia, and posted on it’s Website

    46.2-862. Exceeding speed limit.
  • A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
  • (Code 1950, 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1992, c. 608; 2006, c. 301.)

    From the State of Virginia Department of Motor Vehicles Website

    Reckless Driving (Felony or Misdemeanor)
  • * Reckless driving - speeding in excess of 80 mph
  • * Reckless driving - speeding 20 mph or more above the posted speed limit
  • * Reckless driving - racing
  • * Reckless driving - passing or overtaking an emergency vehicle
  • * Reckless driving - passing a school bus
  • * Reckless driving - passing on the crest of a hill
  • * Reckless driving - passing at a railroad crossing
  • * Reckless driving - passing two vehicles abreast
  • * Reckless driving - driving two vehicles abreast
  • * Reckless driving - driving too fast for conditions
  • * Reckless driving - failing to give a proper signal
  • * Reckless driving - faulty brakes/improper control
  • * Reckless driving - on parking lots, etc.
  • * Reckless driving - with an obstructed view
  • * Reckless driving - generally
  • * Speeding 20 mph or more above the posted speed limit

    There are many miles of the interstate(s) within the State of Virginia that are posted at 70 mph, and counties such as Dinwiddie profit on unsuspecting out of state motorist, who when traveling with traffic and find themselves traveling on the side of a tractor trailer, may want to get by them, rather that travel for miles along the side of vehicles, such as these trucks that have inadequate brakes and tires for the actual cargo which they haul. In an attempt to get ahead of these traveling road blocks, the motorist may increase their speed by as little as 5mph which could put them In jeopardy of a charge of Reckless Driving. This law is nothing but a revenue generator and a Win / Win for the local jurisditions and attorneys as one cannot defend themself’s without a local attorney in the State of Virginia.

    My advice to the motorist, is find an alternate route or travel, but if you find the need to travel through the state, stop and get your gas, food and motel on a bordering state, so as deny the state income and perhaps put some pressure from the merchants effected, to have the legislature change the law.

    Any comments on this Web Page, please respond to:

    Richard D. Valenti Jr.

    This Web Page updated as of 9/29/2014 and will be expanded in the future. Please look over the Web Page and offer any constructive criticism. Stay tuned for further developments

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