Failing to Give Proper Signals in Virginia

Failing to give proper signals in Virginia under Va. Code §46.2-860 is a form of reckless driving and is a crime-not a traffic infraction.  It is punished with jail, fines, driver’s license suspension, DMV points, and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP).

Proof of Failure to Give Proper Signals in Virginia

Failing to Give Proper Signals in Virginia is a Crime

To convict an offender of failing to give proper signals in Virginia under Va. Code §46.2-860, the Commonwealth must prove that the offender:

• failed
• to give adequate and timely
• signals of intention to
  • turn
  • partly turn
  • slow down, or
  • stop
• as required by the traffic laws of Virginia

Penalty for Failing to Give Proper Signals in Virginia Under Va. Code §46.2-860

Since failing to give proper signals in Virginia under Va. Code §46.2-860 is a form of reckless driving, it is a Class 1 misdemeanor.  It is punished with jail, fines, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia ASAP program.

• Jail: Failing to give proper signals in Virginia under Va. Code §46.2-860 is punished with up to 12 months in jail.
• Fines and Court Costs: The offense can also be punished with a fine up to $2,500.  Additionally, any driver convicted of failing to give proper signals in Virginia under Va. Code §46.2-860 will also be required to pay court costs.
• Driver’s License Suspension: Anyone convicted of failing to give proper signals in Virginia under Va. Code §46.2-860 can be punished with driver’s license suspension for 60 days up to 6 months.  The court may issue the offender a restricted driver’s license. A commercial driver, however, cannot obtain a restricted license if his license is suspended for failing to give proper signals in Virginia.
• DMV Points: A conviction for failing to give proper signals in Virginia will automatically result in 6 DMV demerit points.
• Virginia ASAP: If the court thinks that the reckless driving was alcohol or drug-related, the court may order the driver to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP).
• Texting While Driving: If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he will be required to pay a mandatory minimum fine of $250 (Va. Code §46.2-868(C)).  Additionally, a driver can even be charged with, and convicted of, reckless driving and texting while driving in Virginia.
• Virginia Driving Record: A conviction for failing to give proper signals in Virginia under Va. Code §46.2-860 will remain on a person’s Virginia driving record for 11 years.
• Criminal Record: Because failing to give proper signals in Virginia under Va. Code §46.2-860 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

Reckless driving under Va. Code §46.2-860 can sometimes be a felony in Virginia.  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, the offense becomes a Class 6 felony (Va. Code §46.2-868(B)).  It is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.

Failure to Give Proper Signal in Virginia: Statute

§46.2-860. Failing to give proper signals.

A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

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