A charge of aggressive driving in violation of Va. Code §46.2-868.1 is a charge similar to reckless driving. It enumerates certain underlying offenses and adds the element that these offenses either create a hazard to another person or be committed with the intent to “harass, intimidate, injure, or obstruct another person.” Aggressive driving is not an infraction; it is a Class 1 or Class 2 misdemeanor.
Va. Code §46.2-868.1 reads:
What does the prosecutor have to prove?
The Commonwealth must prove that the driver:
- committed one of the offenses listed in the statute (above); AND
- is a hazard to another person OR that the driver commits the offense with the intent to harass, intimidate, injure or obstruct another person.
Violating the aggressive driving law is a Class 2 misdemeanor, subjecting a person to up to 6 months in jail, a fine of up to $1000, a potential driver’s license suspension, and 4 demerit points with the DMV. If the offense is committed with the intent to injure another person, it becomes a Class 1 misdemeanor penalized with up to 12 months in jail, a fine of up to $2500, a potential driver’s license suspension, and 4 demerit points with the DMV. In either event, the driver could be expected to complete an aggressive driving program if convicted.
Beyond the immediate penalties associated with a conviction for aggressive driving, other collateral consequences are also at play. Insurance premiums are likely to increase. Your education or employment opportunities may be hindered: if you are subject to a background check for employment, security clearance, or immigration, a Reckless Driving conviction could affect your future.
If you find yourself charged with reckless driving in Virginia, contact an experienced Virginia Aggressive Driving attorney. An initial consultation with a TATE BYWATER attorney is complimentary. We’ll discuss your case and work with you to obtain the best possible outcome. We’re here to help!