Driving Two Abreast in A Single Lane in Virginia
July 9, 2016 by Jean Humbrecht
Driving two vehicles abreast in a single lane in Virginia is a form of reckless driving and is a CRIME. Driving Two Abreast in a Single Lane in Virginia is charged under Va. Code §46.2-857. Driving two vehicles abreast essentially means passing a vehicle without completely moving over to another lane of travel.
Proof of Driving Two Abreast in a Single Lane in Virginia
Driving Two Abreast In A Single Lane in Virginia is a Form of Reckless Driving and is a Crime
To convict an offender of Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857, the Commonwealth must prove that the offender:
- drove
- a motor vehicle
- so as to be abreast of another vehicle in a lane designed for one vehicle
or
- drove
- a motor vehicle
- so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle.
Exception for Driving Two Abreast in a Single Lane in Virginia
There are a few exceptions to Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857. The statute does not apply to:
- two motorcycles traveling abreast in a lane designed for one vehicle
- authorized parades, motorcades, or motorcycle escorts
- a motor vehicle traveling in the same lane of traffic as a bicycle, electronic personal assistive mobility device, electric power-assisted bicycle, or moped, or
- a vehicle lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane
Penalty for Driving Two Abreast in a Single Lane in Virginia
Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857 is a form of reckless driving. Therefore, it is a Class 1 misdemeanor. Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857 is punished with up to 12 months in jail, a fine up to $2500, court costs, driver’s license suspension for 60 days up to 6 months, 6 DMV demerit points, and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP).
If the offender was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he will pay a mandatory minimum fine of $250 (Va. Code §46.2-868(C)). Additionally, a driver can be charged with, and convicted of, both reckless driving and texting while driving in Virginia and be required to pay a mandatory fine for both offenses.
Because Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857 is a form of reckless driving, it is a CRIME and a conviction will remain on a driver’s permanent criminal record and cannot be expunged.
Felony Reckless Driving
Driving Two Abreast in a Single Lane in Virginia under Va. Code §46.2-857 can be charged as a felony if the offender was driving without a valid operator’s license due to a suspension or revocation for a moving violation and his reckless driving caused the death of another person (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year. For more information on felony reckless driving charges in Virginia, click here.
Driving Two Abreast in Single Lane: Statute
§46.2-857. Driving two abreast in a single lane.