Aggressive Driving

An aggressive driving charge in Virginia is categorized as reckless driving rather than a mere traffic infraction. Virginia law, under VA. Code §46.2-868.1, defines aggressive driving as committing certain offenses, either posing a hazard to others or with the intent or purpose to harass, intimidate, injure, or obstruct another person.

Under VA. Code §46.2-868.1, the offenses that constitute aggressive driving include:

• Driving on the right side of highways (VA. Code §46.2-802)
• Failure to observe marked traffic lanes (VA. Code §46.2-804)
• Following too closely (VA. Code §46.2-816)
• Failing to yield or stop at highway entrances (VA. Code §46.2-821)
• Ignoring traffic control devices (VA. Code §46.2-833.1)
• Passing improperly (VA. Code §46.2-838, §46.2-841, §46.2-842)
• Failing to yield to overtaking vehicles (VA. Code §46.2-842, §46.2-842.1)
• Improper stopping on a highway (VA. Code §46.2-888)
• Speeding

Proving A Virginia Aggressive Driving Charge

To establish a Virginia aggressive driving charge, the Commonwealth must demonstrate that the driver committed at least one offense outlined in the statute. Furthermore, they must establish either:

• The driver poses a hazard to another individual, OR
• The driver engaged in the specified offense with the intention to harass, intimidate, injure, or obstruct someone.

Penalties for a Virginia Aggressive Driving Charge

A Virginia aggressive driving charge constitutes a Class 2 misdemeanor, carrying penalties of up to 6 months’ imprisonment, a fine of up to $1000, driver’s license suspension, and 4 DMV demerit points. If the Commonwealth proves the offender’s intent to injure another person, the offense elevates to a Class 1 misdemeanor, punishable by potential jail time of up to 12 months, a fine of up to $2500, driver’s license suspension, and 4 DMV demerit points.

Additionally, upon conviction under VA. Code §46.2-868.1, the court may mandate the completion of an aggressive driving program.

Of utmost significance, a conviction for a Virginia aggressive driving charge remains on the offender’s criminal record indefinitely and is not subject to expungement. This is for guidance on the implications and potential defenses against a Virginia aggressive driving charge under VA. Code §46.2-868.1, it is advisable to consult with a Virginia aggressive driving lawyer promptly.