Passing At Crest of Grade or Curve on Highway
August 8, 2017 by Jean Humbrecht
Overtaking and passing another vehicle on or approaching the crest of a grade or a curve in the highway when the driver’s view is obstructed is a form of reckless driving in Virginia (Va. Code §46.2-854). The charge of Passing at Crest of Grade or Curve on Highway in Virginia under Va. Code §46.2-854 is a CRIME-not a traffic infraction.
For more information on reckless driving charges in Virginia, click here.
Proof of Passing at Crest of Grade or Curve on Highway in Virginia Under Va. Code §46.2-854
To prove a reckless driving charge in Virginia under Va. Code §46.2-854, the Commonwealth must prove that:
Overtaking and Passing on a Curve of a Highway in Virginia is A Form of Reckless Driving
- while driving
- a vehicle
- the offender overtook and passed
- another vehicle
- on or approaching
- the crest of a grade or
- curve in the highway
- the other vehicle was proceeding in the same direction, and
- the driver’s view was obstructed
Exception for Passing at Crest of Grade or Curve on Highway in Virginia Under Va. Code §46.2-854
It is not a violation of Va. Code §46.2-854 to overtake or pass a vehicle on or approaching the crest of a grade or on or approaching a curve in the highway if the highway has two or more designated lanes of roadway for each direction of travel or the roadway is a designated one-way roadway.
Penalty for Passing at Crest of Grade or Curve on Highway in Virginia Under Va. Code §46.2-854
Because the charge Passing at Crest of Grade or Curve on Highway in Virginia under Va. Code §46.2-854 is a form of reckless driving, it is punished the same way. Reckless driving in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for 60 days up to 6 months. The offender may apply for a restricted driver’s license if his license is suspended, which will allow him to drive to a limited number of places at specific times of the day. A commercial driver, however, cannot obtain a restricted license if his license is suspended for any for of reckless driving in Virginia. A conviction for a reckless driving charge in Virginia under Va. Code §46.2-854 will also automatically result in 6 DMV demerit points.
If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), there will be a mandatory MINIMUM fine of $250 (Va. Code §46.2-868(C)). In some circumstances, a driver can be charged with, and convicted of, both reckless driving and texting while driving under Va. Code §46.2-818.2 in Virginia. Click here for more information on texting while driving in Virginia.
The driver may also be required to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP) if the court thinks that the reckless driving was alcohol or drug-related.
Finally, and perhaps most importantly, a conviction will remain on a person’s Virginia driving record for 11 years, but will remain on his criminal record PERMANENTLY and cannot be expunged.
Is the Charge Passing at Crest of Grade or Curve on Highway in Virginia Ever A Felony?
The charge Passing at Crest of Grade or Curve on Highway in Virginia under Va. Code §46.2-854 can be a felony in certain circumstances. If the offender was driving without a valid operator’s license due to a suspension or revocation for a moving violation and caused the death of another person as a result of his reckless driving, he will be charged with a Class 6 felony (Va, Code §46.2-868(B)). This offense 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.
Passing at Crest of Grade or Curve on Highway in Virginia: Statute
§46.2-854. Passing on or at the crest of a grade or on a curve.