Reckless Driving – Passing 2 Vehicles Abreast

Va. Code Section 46.2-856 – Passing Two Vehicles Abreast

Va. Code Section 46.2-856 makes it Reckless Driving in certain circumstances when the defendant tries or makes a pass of two other vehicles who are abreast of one another.

To be abreast of one another means when two vehicles are side by side. There are two defenses to these charges. One is if the pass is made on a divided highway where there are 3 or more lanes going in each direction. In other words, you cannot pass two other vehicles moving together and side by side by driving on the shoulder of a road, or on a non-divided highway by driving on the opposite side of the road. The other defense is that one of the vehicles being passed is a bike, moped, or personal electric assistive device.

There may be technical 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.

Reckless Driving is a class 1 misdemeanor and can result in a jail sentence of up to 1 year, a license suspension for up to 6 months, and a fine of up to $2,500. This charge is a major moving violation and results in 6 demerit points being placed on the defendant’s driving record and stays on their record for 11 years.