Racing in Virginia (Va. Code 46.2-865)
January 19, 2015 by Jean Humbrecht
Racing in Virginia (Va. Code §46.2-865) is a form of reckless driving. Racing in Virginia is a crime-not a traffic infraction. It is punished with jail, fines, driver’s license suspension, and vehicle seizure and forfeiture.
Racing in Virginia Is A Contest of Speed Between 2 or More Vehicles
Proof of Racing in Virginia
Racing in Virginia is a contest of speed between two or more motor vehicles. To convict an offender of racing in Virginia under Va. Code §46.2-865, the Commonwealth must prove that a driver:
- engaged in a race
- between 2 or more vehicles
- on the highways of the Commonwealth or
- on any driveway or premises of any church, school, recreational facility, or business property open to the public in the Commonwealth
- without permission of the property owner
Two vehicles driving very fast with one vehicle attempting to pass the other or admissions by a driver or drivers can also be used to prove a Virginia racing charge.
Penalties for Racing in Virginia
Racing in Virginia under Va. Code §46.2-865 is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, mandatory driver’s license suspension for 6 months up to 2 years, 6 DMV demerit points, and vehicle seizure and forfeiture. If a driver is convicted of a fourth offense racing charge in Virginia, his driver’s license will be revoked for 5 years.
An owner of a vehicle engaged in a race can also have his car seized and forfeited if he was present in the vehicle engaged in the race and he knowingly consented to the race, even if another person was driving (Va. Code §46.2-867(ii)).
Felony Racing in Virginia
A person engaged in a race who behaves in a manner so gross, wanton and culpable as to show a reckless disregard for human life and caused serious bodily injury to a person not involved in the race has committed a Class 6 felony. This offense is punished with up to 5 years in prison and driver’s license suspension for 1-3 years.
If a person engaged in a race behaved in a manner so gross, wanton and culpable as to show a reckless disregard for human life and caused the death of another person, he can be punished with 1-20 years in prison with a mandatory minimum, active sentence of one year. In addition to prison, a felony racing charge is punished with driver’s license suspension for 1-3 years, 6 DMV demerit points, and seizure and forfeiture of the vehicle involved in the race.
Aiding or Abetting A Race in Virginia
Racing in Virginia Can Be A Misdemeanor or a Felony
Aiding or abetting a race in Virginia is a Class 1 misdemeanor under Va. Code §46.2-866. Aiding or abetting a race in Virginia is punished with a jail sentence up to 12 months, a fine of up to $2500, or both.
Consequences of Racing in Virginia Conviction
A conviction for racing in Virginia can have serious consequences. In addition to jail, fines, driver’s license suspension or revocation, vehicle seizure and forfeiture, and DMV points, a driver’s insurance rates will likely increase, job opportunities could be lost, and security clearances will be difficult, if not impossible, to obtain. Most importantly, a conviction for racing in Virginia cannot be expunged and will remain on the driver’s criminal record permanently.
Racing in Virginia Statute
§46.2-865. Racing; penalty.