§ 46.2-864 Reckless Driving; Parking Lots

A person shall be guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

Like general reckless driving under §46.2-852, this offense involves driving “in a manner so as to endanger the life, limb, or property of any person.”  However, this statute is not limited to "highways" like under §46.2-852 but rather certain private lots. Under §46.2-852, the driving behavior must occur on a “highway,” as defined below, which definition also applies to Virginia's implied consent law:

The entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.

The key to success in these cases includes:

• Challenging whether the driving behavior rises to the level of endangering life, limb, or property
• Whether the offense location falls within the definition of a parking lot under the Virginia statute

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