Is Aggressive Driving Illegal In Virginia?

Understanding Virginia’s Aggressive Driving Laws

Va. Code Section 46.2-868.1 outlines the offense of Aggressive Driving. Although this charge can be a Class 2 misdemeanor, and therefore technically a less serious crime than Reckless Driving, judges tend to punish Aggressive Driving charges more severely due to the nature of the charge.

Elements Required to Prove Aggressive Driving in Virginia

To be found guilty of Aggressive Driving, the Commonwealth must prove:

1. That the defendant committed one of over a dozen enumerated driving offenses, and
2. That the defendant had the intent “to harass, intimidate, injure, or obstruct another person”

Common Violations Leading to Aggressive Driving Charges

The traffic infractions under this code section includes such things as driving on the wrong side of the highway (Va. Code Section 46.2-802), following too closely (Va. Code Section 46.2-821), and making an illegal pass of another vehicle (Va. Code Section 46.2-843). But what makes this charge more serious than a traffic infraction and therefore a crime, is the intent element. The Commonwealth also has to prove that the intent of the driving behavior was to harass, intimidate, injure, or obstruct another driver. And the charge becomes even more severe if the Commonwealth can prove the intent was specifically to injure the other driver.

This charge is usually given out to driver’s who have been involved in “road rage” incidents, and (like many other crimes) can simply be proven by the defendant admitting that the reason for the driving behavior was because they were mad at the other driver for some reason or another.

Penalties for Aggressive Driving in Virginia

In order for it to be considered a Class 1 misdemeanor and thus a more severe offense, the Commonwealth must prove that the driving behavior was done with the specific intent to harm another person.

This charge can either be a Class 1 or Class 2 misdemeanor. A Class 1 misdemeanor can be punished by up to a year in jail, up to a 6 month license suspension, and up to a $2,500 fine. A Class 2 misdemeanor can be punished by up to 6 months in jail, up to a 6 month license suspension, and up to a $1,000 fine. This particular code section also allows the judge to require the completion an aggressive driving program. This charge is a moving violation in Virginia and a conviction will result in 4 demerit points being placed on their record, and this violation stays on the record for 5 years.

Defending Against Aggressive Driving Charges in Virginia

There are many defenses in these types of cases, and each is heavily reliant on the facts of each individual case. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.