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Culture War Roundup for the week of October 6, 2025

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He was cited for driving at that speed on Interstate 64 in New Kent County. From my travels there, I don't think that anyone could safely drive that stretch of road at that speed, regardless of their skill level. There are a lot of questionable sightlines.

Normally, recklessness involves danger to other people, not just to oneself. Quote from a court opinion that I posted recently:

Recklessness is distinguishable from negligence on the basis that recklessness requires conscious action or inaction which creates a substantial risk of harm to others, whereas negligence suggest unconscious inadvertence.

If nobody else was on the road at that time (on an Interstate highway, unlikely but not impossible), driving at extremely high speeds would be negligent but not reckless (under normal laws, not under this particular unusual law).

How does that work in situations where you believe the road would be empty, but a broken down car is right around the corner? Is there a test of reasonableness there, or is it a situation where the default assumption for a driver is that a broken down car is around every blind turn?

I can't find Virginia's definitions, but here are Pennsylvania's.

A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.

A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

This Pennsylvania case seems highly relevant to the situation under discussion.

  • A motorist is driving at 55 mi/h on a road whose posted speed limit is 35 mi/h. At a sharp curve, he loses control and hits an oncoming car. He is convicted of reckless driving.
  • The appeals panel reverses.

    There is no evidence Appellant had any difficulties negotiating the road or came close to colliding with other vehicles prior to encountering the curve that caused him to lose control here. As such, and given that Appellant's speed was not so excessive as to itself create a high risk of accident, which could be imputed to Appellant by default, the evidence of conscious disregard, a key component of the willful and wanton [i. e., reckless] standard, is lacking.

  • Even when there are other cars on the road, driving at high speed can be merely negligent rather than reckless.

It's an Interstate highway. There aren't "blind corners" of the type you might find on a surface street. There are a few places Interstates do violate Interstate standards (e.g. I-70 and I-76 in Pennsylvania), but I-64 through New Kent County appears to be quite straight if a bit hilly.

Those hills catch you by surprise. I definitely went into a barely-controlled skid to avoid smacking into a small herd of deer cresting one of those hills once.