Aggressive Driving in Virginia

The charge of “Aggressive Driving” involves the commission of any one of twelve enumerated traffic offenses (set forth below) combined with either: 1) being a hazard to another person; or 2) intending to harass, intimidate, injure or obstruct another person. The twelve predicate offenses are:

•· Failure to leave adequate room when passing a vehicle; Va Code  46.2-838

•· Improper passing on right side;Va Code 46.2-841

•· Failure to permit overtaking vehicle to pass; Va Code 46.2-842

•· Failure to permit overtaking vehicle to pass in left lane; Va Code 46.2-842.1

•· Improper overtaking and passing; Va Code 46.2-843

•· Failure to keep to the right side of the road; Va Code 46.2-802

•· Failure to observe rules for lanes marked for traffic; Va Code 46.2-804

•· Following too closely; Va Code 46.2-816

•· Speeding; Va Code 46.2-870

•· Stopping on a highway; Va Code 46.2-888

•· Evasion of traffic control devices; Va Code 46.2-833.1 and

•· Failure to yield right of way before entering a road. Va Code 46.2-821

Aggressive driving is a Class 2 misdemeanor, which carries a punishment of confinement in jail for not more than six months and a fine of not more than $1,000, either or both. The offense is elevated to a Class 1 misdemeanor if the accused intended to injure another person. The Court can order violators to complete an aggressive driving class in addition to other sanctions imposed by law.

If you have been charged with Aggressive Driving in Virginia, contact the attorneys at Patel & Williams to discuss your case.