You stuffed the reckless driving ticket in your glove box and told yourself you'd deal with it later. Weeks passed. The court date came and went. Maybe you convinced yourself the charge would disappear, or perhaps life got in the way and you genuinely forgot. Regardless of the reason, ignoring a reckless driving ticket in Virginia makes everything worse.
An experienced Chesapeake reckless driving attorney will tell you that failing to appear in court transforms a manageable situation into a legal emergency. What started as a criminal charge you could fight now includes additional penalties, arrest warrants, and consequences that follow you for years.
What Does Virginia Law Say About Missing Court?
Virginia takes court appearances seriously, particularly for criminal charges like reckless driving. Reckless driving is a Class 1 misdemeanor here. When you receive a summons or ticket, that document serves as your official notice to appear before a judge. The date printed on that paper is a legal requirement.
What Happens After You Miss Your Court Date?
The moment you fail to appear for your reckless driving court date, several things can happen. The judge may proceed with your case in your absence. You won't get a chance to present a defense, negotiate for reduced charges, or explain your circumstances. If the court finds you guilty, the conviction becomes part of your criminal record.
If the court issues an arrest warrant, it gets entered into Virginia's statewide database. Every police officer in the Commonwealth can see it. You might encounter a routine DUI stop six months later and find yourself in handcuffs. Some people discover the warrant when they apply for a job that requires a background check.
The DMV also gets notified about your failure to appear. Under Virginia Code § 46.2-938, the DMV suspends your driver’s license for failure to appear until the court notifies the DMV that you've appeared. Now you're potentially facing a criminal conviction, an active warrant, and no legal way to drive to work.
Can You Face Additional Criminal Charges for Failure to Appear?
Willful failure to appear is a crime under Virginia Code § 19.2-128. If the underlying matter is a misdemeanor (like reckless driving), the failure to appear is a Class 1 misdemeanor. If the underlying matter is a felony, failure to appear becomes a Class 6 felony. You could face:
- Additional misdemeanor charges. Willful failure to appear on a misdemeanor charge is punishable by up to 12 months in jail and a $2,500 fine.
- Contempt of court penalties. Judges have broad authority to punish contempt, which includes ignoring orders to appear in court. These penalties can include jail time, fines, or both.
- Increased fines and costs. Beyond the original reckless driving fine, you'll face court costs, administrative fees for the warrant, and possible costs related to your arrest.
What started as a single reckless driving ticket has now grown into multiple legal problems.
How Does This Affect Your Driving Record And Insurance?
A reckless driving conviction adds six demerit points to your Virginia driving record. The conviction is listed on your DMV record for 11 years, although the demerit points themselves disappear after two years.
When your insurance company discovers the conviction during their regular background checks, your premiums will increase. The exact percentage varies depending on your carrier, driving history, and other factors, but the financial impact can be substantial.
Some insurers drop customers entirely after a reckless driving conviction, forcing you into high-risk insurance pools where premiums cost even more.
What Are Your Options After Missing a Court Date?
If you've already missed your court date, you need to address the situation immediately. Every day you wait makes it harder to get a favorable resolution. Your first step should be to hire an attorney who specializes in handling reckless driving cases in Virginia. An experienced criminal defense attorney can:
- File a motion to recall the warrant. This legal procedure requests that the judge withdraw the arrest warrant, allowing you to resolve your case without being arrested.
- Negotiate with the court. Your attorney can communicate with the prosecutor and judge about the circumstances of your failure to appear and work toward a resolution that minimizes additional penalties.
- Represent you at the show-cause hearing. When you address your failure to appear, the court will likely schedule a show-cause hearing where you must explain why you shouldn't be held in contempt.
Don't try to handle this on your own. Walking into court without legal representation puts you at a significant disadvantage and risks making your situation worse.
How Much Will This Mistake Cost You?
The financial impact of ignoring a reckless driving ticket extends far beyond the original fine. Consider the total cost:
- Original reckless driving fine (up to $2,500)
- Court costs and fees (hundreds of dollars in administrative costs)
- Additional fines for contempt or failure to appear (up to $2,500)
- Bond or bail costs (a few hundred to several thousand dollars)
- Insurance premium increases (thousands of dollars over several years)
- License reinstatement fees from the DMV
- Lost wages and reduced future earning potential
The total cost can easily reach thousands of dollars over time. Compare that to the cost of hiring an attorney to handle the original charge properly, which is typically a fraction of that amount.