Passing Two Vehicles Abreast in Virginia
January 29, 2017 by Jean Humbrecht
Passing two vehicles abreast in Virginia under Va. Code §46.2-856 is a form of reckless driving and is a CRIME-not a traffic infraction. It is punished with jail, fines, driver’s license suspension, and it could even be charged as a felony.
Proof of Passing Two Vehicles Abreast in Virginia
Passing Two Vehicles Abreast in Virginia is A Form of Reckless Driving
To convict an offender of Passing Two Vehicles Abreast in Virginia under Va. Code §46.2-856, the Commonwealth must prove that the offender:
- passed or attempted to pass
- two other vehicles abreast
- that were moving in the same direction
Exception to Passing Two Vehicles Abreast in Virginia Under Va. Code §46.2-856
Va. Code §46.2-856 does not prohibit passing two vehicles abreast:
- on highways having separate roadways of three or more lanes for each direction of travel
- on designated one-way streets or highways
- if one or both of the other vehicles is a bicycle, personal assistive mobility device, electric power-assisted bicycle, or moped, or
- when a bicycle, personal assistive mobility device, electric power-assisted bicycle, or moped is passing two other vehicles
Penalty for Passing Two Vehicles Abreast in Virginia
Passing Two Vehicles Abreast in Virginia under Va. Code §46.2-856 is a form of reckless driving and is a Class 1 misdemeanor. It 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). Additionally, if the offender was violating the statute prohibiting holding a handheld communication device while driving (otherwise known as texting while driving in violation of Va. Code §46.2-818.2), he will be fined a mandatory minimum of $250 (and can even be convicted of both reckless driving and texting while driving in Virginia). Perhaps most importantly, a conviction for Passing Two Vehicles Abreast in Virginia under Va. Code §46.2-856 will remain on a driver’s permanent criminal record and cannot be expunged.
Passing Two Vehicles Abreast in Virginia under Va. Code §46.2-856 can sometimes be a felony. If the driver’s license was suspended or revoked for a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving in Virginia is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.
Passing Two Vehicles Abreast in Virginia: Statute
§46.2-856. Passing two vehicles abreast.