Aggressive driving in Virginia is when a driver commits one or more specific traffic violations and their actions either create a hazard to another person or are done with intent to harass, intimidate, injure, or obstruct. Under VA Code § 46.2-868.1, it is a criminal misdemeanor, with penalties ranging from a Class 2 to a Class 1 misdemeanor depending on intent.
Which Traffic Violations Can Lead to an Aggressive Driving Charge in Virginia?
Virginia identifies several driving behaviors that can lead to an aggressive driving charge, including:
- Driving on the wrong side of the highway (§ 46.2-802)
- Failure to observe marked lanes (§ 46.2-804)
- Following too closely (§ 46.2-816)
- Failing to stop or yield before entering certain highways (§ 46.2-821)
- Evading traffic control devices (§ 46.2-833.1)
- Improper passing when overtaking a vehicle (§ 46.2-838)
- Passing on the right when not permitted (§ 46.2-841)
- Failing to give way to overtaking vehicles (§ 46.2-842, § 46.2-842.1)
- Violating limitations on overtaking and passing (§ 46.2-843)
- Violating any provision of Article 8 (§ 46.2-870 et seq.), which covers speed-related offenses like reckless driving
- Stopping on highways (§ 46.2-888)
A driver must commit at least one of these actions before an aggressive driving charge can be applied.
Does Every Traffic Violation Count as Aggressive Driving?
No. A technical violation alone is not enough. The driver must also create a danger or act with the intent to harass, intimidate, injure, or obstruct. Without hazard or intent, the charge does not apply.
What Do ‘Hazard’ and ‘Intent’ Mean in Aggressive Driving?
To be charged with Aggressive Driving in Virginia, a driver must commit one of the traffic offenses above and must either:
- Pose a hazard to other drivers
- Commit a traffic offense with intent to harass, intimidate, injure, or obstruct another person
How Do Virginia Courts Decide If Someone Was Aggressively Driving?
Courts analyze both the traffic violation and the context surrounding it. They look for actions that show hostility, unsafe patterns, endangerment of others, or a clear intent to intimidate or injure.
Is Aggressive Driving the Same as Reckless Driving in Virginia?
No, aggressive driving and reckless driving are separate offenses in Virginia. Reckless driving focuses on unsafe speed or driving behavior that endangers life or property. Aggressive driving requires specific violations and hazard or intent and can involve hostility toward another person.
What Are the Penalties for Aggressive Driving in Virginia?
Aggressive driving in a Class 2 misdemeanor in most cases, which include penalties such as:
- Up to 6 months in jail
- Up to $1,000 in fines
However, the charge can be elevated to a Class 1 misdemeanor when a driver acts with the intent to injure another person. Penalties for a Class 1 misdemeanor include:
- Up to 12 months in jail
- Up to $2,500 in fines
What Should You Do If You’re Charged with Aggressive Driving in Virginia?
If you are charged with aggressive driving in Virginia, you should speak with an experienced traffic attorney. A Driving Defense Law attorney can help evaluate whether the prosecution can actually prove both the predicate offense and the hazard/intent element. Call us today at 757-929-0335 to book a free consultation or book a consultation below.
