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Exploring Another Four Versions of Reckless Driving in Virginia


Reckless driving is a criminal offense under the Virginia Criminal Code. Depending on the severity of the offense, reckless drivers can face Class 1 misdemeanor or Class 6 felony charges. Upon conviction, reckless drivers usually face multiple criminal penalties, including jail time, criminal fines, and driver’s license suspension. The following sections will explore four common versions of reckless driving in Virginia.

  1. Passing on Hills or Curves

Under Code of Virginia Section 46.2-854, it is unlawful for drivers to overtake or pass other vehicles on certain hills or curves. This rule applies when approaching the crest of a hill or a curve and the driver’s view of oncoming traffic is obstructed. There are, however, several exceptions to Section 46.2-854. This section does not apply to:

  • Highways with multiple lanes of travel in each direction; or
  • One-way streets or highways.
  1. Passing at Railroad Crossings

Under Code of Virginia Section 46.2-858, it is illegal to pass or overtake other vehicles at railroad crossings. This prohibition also applies to the intersection of highways. There are, though, several exceptions to Section 46.2-858. This section does not apply to:

  • Highways with multiple lanes of travel in each direction;
  • Intersections designated as passing zones;
  • One-way streets or highways;
  • Times when pedestrians are passing or about pass; or
  • Situations where law enforcement gives permission to pass.
  1. Passing Stopped School Buses

Under Code of Virginia Section 46.2-859, it is unlawful to pass or overtake a stopped school bus. This rule applies during regularly scheduled pick-ups and drop-offs of children, elderly adults, and mentally or physically handicapped individuals. There are several exceptions, though, to Section 46.2-859. This section does not apply to:

  • The driver was on the other side of physical barrier or unpaved area;
  • A law enforcement officer or school crossing guard gave permission to pass; or
  • The bus did not satisfy the legal requirements to be considered a school bus.
  1. Failing to Signal Properly

Under Code of Virginia Section 46.2-860, drivers are required to use their turn and stop signals to display their intentions. More specifically, all drivers must use their signals when intending to:

  • Turn;
  • Partially turn;
  • Stop; or
  • Slow down.

Any driver who fails to signal properly in Virginia can face criminal charges for reckless driving.

Do You Need Legal Help?

If you need legal assistance with reckless driving charges under Virginia law, it can be greatly helpful to consult with a seasoned criminal defense attorney. The Winchester reckless driving attorneys at Simms Showers LLP have a wealth of combined legal experience in criminal law. If you need legal help with criminal defense, contact us today for a free initial consultation.


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Contact the Leesburg, Winchester & Loudoun County Attorneys of Simms Showers LLP today

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