A Virginia aggressive driving charge is a form of reckless driving. A Virginia aggressive driving charge is a crime-not a traffic infraction.
What Is Considered “Aggressive Driving” in Virginia?
Va. Code §46.2-868.1 states that if a driver commits any one of a number of offenses and is a hazard to another or commits the offense “to harass, intimidate, injure or obstruct another person,” he is guilty of aggressive driving.
Va. Code §46.2-868.1 lists the underlying offenses for a Virginia aggressive driving charge. They include:
- Driving on right side of highways (Va. Code §46.2-802)
- Failure to observe lanes marked for traffic (Va. Code §46.2-804)
- Following too closely (Va. Code §46.2-816)
- Failing to stop or yield right-of-way before entering highway (Va. Code §46.2-821)
- Evasion of a traffic control device (Va. Code §46.2-833.1)
- Passing when overtaking a vehicle (Va. Code §46.2-838)
- Improper passing on the right (Va. Code §46.2-841)
- Driver failing to give way to overtaking vehicle (Va. Code §46.2-842)
- Failing to give way to certain overtaking vehicles on divided highway (Va. Code §46.2-842.1)
- Improper overtaking or passing (Va. Code §46.2-843)
- Stopping on a highway (Va. Code §46.2-888)
Proof of A Virginia Aggressive Driving Charge
The Commonwealth must prove that the driver committed at least one of the offenses listed in the statute. They also must prove that the driver:
- is a hazard to anther person, OR
- committed the specific offense with the intent to harass, intimidate, injure, or obstruct someone.
Penalties for Virginia Aggressive Driving Charge
A Virginia aggressive driving charge is a Class 2 misdemeanor. It is punished with up to 6 months in jail, a fine up to $1000, driver’s license suspension, and 4 DMV demerit points. The offense becomes a Class 1 misdemeanor if the Commonwealth proves that the offender intended to injure another person. It is punished with up to 12 months in jail, a fine up to $2500, driver’s license suspension, and 4 DMV demerit points.
Additionally, the court may order the offender to complete an aggressive driving program if convicted of a Virginia aggressive driving charge under Va. Code §46.2-868.1
Most importantly, a conviction for a Virginia aggressive driving charge will remain on the offender’s criminal record permanently and cannot be expunged. Contact your Virginia aggressive driving lawyer today to discuss the consequences of, and defenses, to a Virginia aggressive driving charge under Va. Code §46.2-868.1.