Aggressive Driving in Virginia
While aggressive driving and reckless driving sound similar, they are actually two different charges. Aggressive driving involves some traffic infraction plus the intent to harass, intimidate, injure, or obstruct another person. Because of the intent aspect of the charge, it is punished more seriously than traffic infractions and is considered a Class 1 or Class 2 Misdemeanor.
What is Aggressive Driving?
Aggressive driving happens when a driver:
- Drives on the wrong side of the highway (Va. Code § 46.2-802)
- Fails to observe lanes marked for traffic (Va. Code § 46.2-804)
- Follows too closely (Va. Code § 46.2-816)
- Doesn’t stop or yield right-of-way before entering a highway (Va. Code § 46.2-821)
- Evades traffic control devices like traffic lights or traffic signs (Va. Code § 46.2-833.1)
- Passes too closely when overtaking a vehicle (Va. Code § 46.2-838)
- Unlawfully overtakes a vehicle on the right (Va. Code § 46.2-841)
- Fails to give way to an overtaking vehicle (Va. Code § 46.2-842)
- Fails to give way to certain overtaking vehicles on a divided highway (Va. Code § 46.2-842.1)
- Speeds (Va. Code §§ 46.2-870 through 883)
- Stops on a highway (Va. Code § 46.2-888)
AND when the driver is a hazard to other drivers or commits one of the traffic infractions with the intent to harass, intimidate, injure, or obstruct another person. (Va. Code § 46.2-868.1)
Consequences of Aggressive Driving
Depending on the driver’s intent, aggressive driving can be punished as a Class 1 or Class 2 Misdemeanor. If the driver created a hazard to other, they could face up to 6 months in jail and a fine of up to $1,000. If the driver created a hazard to other drivers with the intent to injure another person, they could face up to 12 months in jail and a fine of up to $2,500. Not only that, but a reckless driving conviction can result in demerit points issued by the DMV, license suspension, and a permanent record on your criminal history.
How an Attorney Can Help You
Speaking with one of our criminal defense attorneys allows you to explore your specific circumstances surrounding your charge and discuss possible defenses. Our office handles aggressive driving cases across Northern Virginia courts including the General District Courts in Alexandria, Arlington, Fairfax, Prince William, and Loudoun Counties. Contact us today for a free consultation regarding your aggressive driving charge.
