Common Questions About Personal Injury, Family Law, and Criminal Defense in Virginia

Do you have questions about how Virginia laws apply to your situation or what you can do to reach your legal goals after an accident, arrest, or divorce? Our experienced attorneys in Fairfax answer some of the most frequently asked questions from clients here. If you don’t see the answer to your question here, or if you need more information about your rights, reach out to us today at 877-652-1553.

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  • What is the legal definition of aggressive driving?

    In Virginia, aggressive driving is not the same thing as reckless driving or road rage. Instead, aggressive driving is a specific criminal misdemeanor. In order to be convicted of aggressive driving, you must have violated the aggressive driving statute. The definition of aggressive driving

    Aggressive Driving Is Defined in Section 46.2-868.1 of the Virginia Code

    According to Section 46.2-868.1 a driver is guilty of aggressive driving if:

    • He failed to drive on the right side of the highway (§46.2-802)
    • He failed to observe lanes marked for traffic (§46.2-804)
    • He was following another vehicle too closely (§46.2-816)
    • He failed to stop or yield the right-of-way before entering a highway (§46.2-821)
    • He evaded traffic controls (§46.2-833.1)
    • He failed to abide by the laws for passing when overtaking a vehicle (§46.2-838)
    • He failed to give way to an overtaking vehicle (§46.2-842)
    • He failed to give way to certain overtaking vehicles on divided highways (§46.2-842.1)
    • He failed to obey certain limitations on overtaking and passing a vehicle (§46.2-843)
    • He failed to obey maximum speed limits on highways and roads (§46.2-870)
    • He stopped on the highway (§46.2-888)

    In addition to violating one of these laws, a driver must have presented a hazard to another person or committed the violation of the law with the intent to harass, intimidate, injure, or obstruct another driver.

    Criminal Penalties for Aggressive Driving

    In most cases, violating the aggressive driving statute is a Class 2 misdemeanor. In Virginia, a Class 2 misdemeanor is punishable by jail time of not more than six months and a fine of not more than $1,000.

    However, if the driver acted with the intent to injure another person, violating the aggressive driving statute may be considered a Class 1 misdemeanor. The potential consequences of a Class 1 misdemeanor are more significant than those of a Class 2 misdemeanor. If you are convicted of a Class 1 misdemeanor, you face jail time of up to 12 months and a fine of not more than $2,500.

    If You’ve Been Charged With Aggressive Driving

    If you have been charged with aggressive driving, you not only face jail time and a fine, but you also face a criminal conviction that will be on your permanent record. This could impact your future.

    Remember that an aggressive driving charge is not a simple traffic ticket. Instead, you have been charged with a crime. Therefore, it is important to take this criminal charge seriously and to contact Kearney, Freeman, Fogarty & Joshi as soon as possible. Our lawyers will make sure all of your rights are protected from the time you contact us until your case is resolved.

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