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Aggressive Driving.

Va Code states that if a driver commits any of a number of offenses and is hazard to another or commits an offense (enumerated below) with the intent to harass, intimidate, injure or obstruct another person.

The underlying offenses include:

·        § 46.2-802 (Drive on right side of highways),

·         § 46.2-804 (Failure to observe lanes marked for traffic),

·        § 46.2-816 (Following too closely),

·        § 46.2-821(Vehicles before entering certain highways shall stop or yield right-of-way),

·        § 46.2-833.1 (Evasion of traffic control devices),

·        § 46.2-838 (Passing when overtaking a vehicle),

·        § 46.2-841 (When overtaking vehicle may pass on right),

·        § 46.2-842(Driver to give way to overtaking vehicle),

·        § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway),

·        § 46.2-843 (Limitations on overtaking and passing),

·        any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or

·        § 46.2-888 (Stopping on highways)

Penalties

A Virginia aggressive driving charge is a Class 2 misdemeanor. It is punishable by confinement in jail for not more than six months and a fine of not more than $1,000 either or both. This would also include driver’s license suspensions, and 4 DMV demerit points.

However, this charge can be elevated to a Class 1 misdemeanor, if the Prosecutor can prove that the offender intended to injure another person. This could result in up to 12 months in jail, a fine up to $2,500, a driver’s license suspension and 4 DMV demerit points.

The court may order offenders to complete aggressive driving charges under Va. Code §46.2-868.1.

As is true with all criminal convictions in Virginia this charge can’t be expunged from your record and will remain on that same record indefinitely.