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Aggressive and Reckless Driving Charges in Virginia Requires a Good Defense Because Conviction of One Will Show Up on Your Permanent Criminal record

Aggressive Driving is punishable as a Class 2 misdemeanor in Viriginia, and that is almost as serious as Reckless Driving (a Class 1 misdemeanor). According to the statute (Code Section 46.2-868.1) a person may be convicted of Aggressive Driving when:

• (i) the person violates one or more of the following:
  
  § 46.2-802 (Drive on right side of highways),
• § 46.2-804 (Failure to observe lanes marked for traffic),
• § 46.2-816 (Following too closely),
• § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way),
• § 46.2-833.1 (Evasion of traffic control devices),
• § 46.2-838 (Passing when overtaking a vehicle),
• § 46.2-841 (When overtaking vehicle may pass on right),
• § 46.2-842 (Driver to give way to overtaking vehicle),
• § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway),
• § 46.2-843 (Limitations on overtaking and passing),
• any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or
• § 46.2-888 (Stopping on highways); and
• (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.

Although normally punished as a Class 2 misdemeanor, Aggressive Driving with the intent to injure another person shall be punished as a Class 1 misdemeanor.

In addition to the penalties described above, the court may require successful completion of an aggressive driving program.

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

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