I Have a Virginia Provisional Drivers License and I am 16 years old. I recently got into an accident that was not my fault but the cop said it was and gave me a summons on an unsafe lane change ticket which is a reckless driving offense in VA. Will I lose my license if the judge says it is my fault or can he just say that I need to go to a driver improvement class?

You should contact the court and possibly also the Virginia Department of Motor Vehicles (DMV) to determine what exact penalties you could receive if convicted of the offense you were cited for as part of the accident.

What we can tell you is what the VA DMV says about drivers under the age of 18 (provisional drivers) that are convicted of traffic violations. They state that if you are convicted of a demerit point traffic violation (or a safety belt or child restraint violation) committed when you were under age 18, you will be required to satisfactorily complete a driver improvement clinic. If you do not satisfactorily complete the clinic within 90 days, DMV will suspend your permit or license until the clinic is completed.

After your second demerit point (or a safety belt or child restraint violation) conviction for a traffic violation committed when you were under age 18, DMV will suspend your permit or license for 90 days. If you have no other means of transportation, you may petition the Juvenile and Domestic Relations Court in your jurisdiction for restricted driving privileges to drive between home and work.

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After a third demerit point (or a safety belt or child restraint violation) conviction for a violation committed when you were under age 18, DMV will revoke your permit or license for one year or until you reach age 18, whichever is longer.

It sounds as if you were ticketed under Section 46.2-804 of the Code of Virginia which is basically for an improper lane change. This sounds to us more of a passing or driving violation than a reckless driving charge however you can clarify with the court listed on your ticket as to the offense and what your penalties may be as a provisional 16 year old driver. The VA DMV then can tell you if your driving privileges will be affected if you are convicted of the unsafe lane change offense or if you will just need to take the driver improvement clinic.

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