Road rage incidents have proliferated across the United States in recent years, frequently featuring in local news and occasionally appearing on the national radar. While many instances of road rage draw widespread disapprobation for the shocking behavior they put on display, aggressive driving practices are much more commonly tolerated by the public – even though they may be prohibited under state traffic laws. In fact, some of the tactics the Commonwealth of Virginia prohibits under its aggressive driving laws are so ubiquitous that many drivers may engage in these behaviors without recognizing their illegality, putting themselves at risk not only for the inconvenience of a traffic stop but for a criminal conviction in their driving record. If you have been charged with aggressive driving or been involved in a road rage incident anywhere in Virginia, consider reaching out to an experienced traffic defense lawyer with Driving Defense Law to review your case and discuss your legal options. Call (757) 929-0335 today to schedule a consultation.
What Is the Difference Between Aggressive Driving and Road Rage?
Any legal differentiation between aggressive driving and road rage will depend on the traffic laws of the state in question. In general, however, aggressive driving tends to form a wider category than road rage, with the “road rage” label applied (either casually or legally) to especially glaring instances of aggressive driving.
What Is Considered Aggressive Driving?
“Aggressive driving” refers to a set of driving behaviors characterized by disregard for traffic safety and sometimes for the rules of the road. Common examples include tailgating and cutting other drivers off in traffic. In Virginia, aggressive driving is legally codified under § 46.2-868.1 of the Code of Virginia so that behaviors meeting the statutory definition are subject to penalties under state law.
What Is the Legal Definition of Road Rage?
Aggressive driving is sometimes associated with, but does not necessarily lead to, road rage, which the National Highway Traffic Safety Administration (NHTSA) defines as an “intentional assault,” committed in traffic or in response to an incident in traffic. The assault may be committed with an item generally recognized as a weapon (e.g., a handgun or club); alternatively, however, the assailant may “weaponize” their vehicle (for instance, by using it to attempt to force another driver off the roadway or out of their lane of travel).
How Does Virginia Law Define Aggressive Driving?
The specific behaviors identified as aggressive driving and the range of penalties imposed will vary by state, so you may wish to consult with an attorney in your jurisdiction familiar with state and local traffic laws. In Virginia, traffic violations identified under the Aggressive Driving statute include:
Failure to drive on the right side of highway or failure to observe marked lanes for traffic
Following another vehicle too closely
Failure to stop or yield right-of-way when entering highway
Driving off-road to avoid mechanisms for traffic control
Failure to provide adequate clearance when passing another vehicle
Several additional provisions related to overtaking and passing other vehicles under a variety of circumstances
Aggressive Driving Misdemeanor in Virginia
While Virginia’s aggressive driving law does not directly reference “road rage,” § 46.2-868.1 divides aggressive driving offenses into Class 2 and Class 1 misdemeanors on the basis of the driver’s “intent to injure” another person, with the statute specifying that aggressive driving offense committed with the intent to injure “shall be” punished as the more serious Class 1 category of misdemeanor. In other words, while the term “road rage” is not used, Virginia uses language closely similar to the NHTSA’s definition of road rage to identify the most egregious aggressive driving offenses. The close similarity between the way the NHTSA differentiates “road rage” from “aggressive driving” and the way Virginia categorizes the severity of traffic violations falling under the state’s aggressive driving law makes these two terms helpful in understanding which aggressive driving charges will carry the stiffest penalties.
Aggressive Driving Class 2 Misdemeanor
Class 2 misdemeanors in Virginia are punishable by both fines and confinement (jail time). The maximum limit for a fine imposed as penalty for a Class 2 misdemeanor conviction is $1,000, while the maximum jail sentence for the same category of misdemeanor is six months. However, it is important to recognize that these penalties are not mutually exclusive; a Virginia court has the option to impose both a fine and a jail sentence. If you are wondering about the possible outcomes of a Class 2 misdemeanor charge for aggressive driving in Virginia, you may wish to speak with an experienced Virginia traffic defense attorney from Driving Defense Law regarding your possible defense strategy and the likely outcomes for your case.
Aggressive Driving Class 1 Misdemeanor
Class 1 misdemeanor charges may be applied in an aggressive driving case if prosecutors believe they can show the driver acted with the intent to injure another person; these are the incidents that correspond roughly to the prevailing definition of “road rage” as deliberate assault, with a motor vehicle or another weapon. The possible punishments Virginia may impose for Class 1 misdemeanor convictions include up to a year in jail (double the maximum allowed for a Class 2 conviction) and a maximum fine of $2,500. As is true for the less severe Class 2 misdemeanors, Virginia judges may impose some or all of each penalty for a road rage conviction.
Speak With a Traffic Defense Lawyer About Your Road Rage Case
Individuals who are charged with aggressive driving in Virginia face serious consequences. Even the least-severe penalties allowed by state law can carry a sentence of up to six months in jail, potentially accompanied by a hefty fine. At their upper limit, road rage incidents can lead to conviction for a Class 1 misdemeanor, with grave implications for the individual’s future. If you are facing criminal charges for a road rage incident under Virginia’s strict aggressive driving laws, consider speaking with an experienced traffic defense attorney who can review your case and evaluate your options for a defense. Depending on the circumstances, a traffic lawyer from Driving Defense Law may also discuss with you options for negotiating a reduction of charges to minimize a conviction’s impact on your life and future. The legal strategies available will depend to a large extent on the charges filed and the facts of your case, so call (757) 929-0335 today to schedule a consultation with a member of our team.
