What is Aggressive Driving in Virginia?
In a nutshell, an Article 7, Section 46 citation is basically a traffic ticket on steroids. Unlike a standard traffic ticket, an aggressive driving citation is a criminal matter. So, these citations have additional direct consequences, such as court supervision, and indirect consequences, such as a stain on a permanent record. Additionally, aggressive driving citations add substantial points to a driving record, and in many cases, these points stay on driving records for several years. More on these things below.
Because of the additional direct and indirect consequences, a Leesburg criminal defense lawyer should always deal with reckless driving citations. Traffic school is usually unavailable in these matters, and because of the aforementioned consequences, pleading guilty and paying a fine isn’t an option either. Only a lawyer thoroughly evaluates your case, identifies all possible defenses, and advocates for you in court.
The Legal Definition of Reckless Driving
Police officers usually issue aggressive driving citations if a driver commits two or more of the following either simultaneously or in quick succession:
- Failing to maintain a single lane (weaving or improper lane changes),
- Tailgating,
- FYRW (failure to yield the right of way),
- Improper passing, usually passing on the right or in a no-passing zone,
- Slowing down or stopping unnecessarily,
- Failure to signal,
- Driving on the wrong side of the road, and
- Speeding.
Speeding in Virginia needs additional explanation. The posted limit is a presumptively reasonable speed under ideal conditions. Officers could issue speeding citations if they believe the driver is operating too fast for the conditions, and these citations could hold up in court.
Additionally, for these infractions to rise to the level of aggressive driving, the driver must intend to harass, intimidate, obstruct, or injure another driver or pedestrian. Or, the driver’s behavior could be so dangerous that it amounts to reckless disregard for the safety of others. For example, if Mike is speeding and zipping in and out of traffic without signaling, he’s probably driving recklessly.
Possible Penalties
Aggressive driving in Virginia is usually a Class Two misdemeanor in Virginia. These offenses are punishable by a maximum six months in jail and/or a $1,000 fine. Specific intent aggressive driving infractions are Class One misdemeanors (twelve months in jail and/or $2,500 fine).
In addition, the court may order the offender to complete an aggressive driving education program, particularly if road rage or repeat offenses are involved.400
DMV Points and Record Impact
A conviction for aggressive driving can result in 4 to 6 demerit points on your Virginia driving record, depending on the specific actions involved. These points remain on a driving record for at least two years, and the conviction itself can remain for over ten years, once again depending on the severity of the offense.
Even if these points aren’t sufficient to trigger drivers’ license suspension, they have significant impacts on auto insurance rates, driving privileges, and even employment opportunities if driving is part of your job.
Reach Out to a Dedicated Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
Source:
law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/
