According to NHTSA estimates, about 91,000 police reports of crashes in the United States in 2017 involved a drowsy driver. Virginia is not one of the states that have a specific drowsy driving law on the books. However, that doesn’t mean you can’t receive a ticket for it. No matter what the law says, driving while drowsy is dangerous and something you should never do.
If you happen to drive while drowsy and cause an accident, you could face criminal charges. The state uses reckless driving laws as a catch-all to prosecute drowsy drivers. This makes the offense a Class 1 misdemeanor.
For a police officer to issue a reckless driving ticket, they must witness the individual driving unsafely, or the drowsy driving results in an accident. You can’t receive this charge simply because a police officer suspects someone of being tired.