Aggressive Driving in Virginia
October 2, 2016 by Jean Humbrecht
Aggressive driving in Virginia (Va. Code §46.2-868.1) is a form of reckless driving. Reckless driving charges in Virginia are crimes-not traffic infractions.
What Is Aggressive Driving in Virginia?
If a driver commits any one of a number of traffic offenses and is a hazard to another person, or if he commits the offense to harass, intimidate, injure or obstruct another person, he is guilty of aggressive driving in Virginia. The underlying offenses for aggressive driving in Virginia include:
Evading a Traffic Control Device and Creating a Hazard to Another Person is a Form of Aggressive Driving in Virginia
- 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), and
- Speeding
Proof of Aggressive Driving in Virginia
To convict someone of aggressive driving in Virginia under Va. Code §46.2-868.1, the Commonwealth must prove that the person committed one of the offenses listed in Va. Code §46.2-868.1. They also must prove either that the driver was a hazard to anther person or committed the traffic offense with the intent to harass, intimidate, injure, or obstruct someone.
Penalties for Virginia Aggressive Driving Charge
Aggressive driving in Virginia is a Class 2 misdemeanor. It is punished with up to 6 months in jail and a fine up to $1000. 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 and a fine up to $2500.
Whether it is charged as a Class 2 or Class 1 misdemeanor, aggressive driving in Virginia can also be punished with driver’s license suspension for 10 days up to 6 months. Additionally, the DMV will add 4 demerit points to the offender’s driving record and the conviction will remain on his driving record for 5 years.
The court may also order the offender to complete an aggressive driving program if a driver is convicted of aggressive driving in Virginia under Va. Code §46.2-868.1.
If the court thinks that the aggressive driving was drug or alcohol-related, the court may order the offender to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP).
Most importantly, a conviction for aggressive driving in Virginia will remain on the offender’s permanent criminal record and cannot be expunged.
Aggressive Driving in Virginia Statute
§46.2-868.1. Aggressive driving; penalties.
A. A person is guilty of ggressive driving if:
(i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and
(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.
B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.