Aggressive Driving

Va. Code 46.2-868.1 Aggressive Driving

There are two types of aggressive driving in Fairfax. 1) There is normal aggressive driving and 2) there is aggressive driving with the intent to harass, intimidate injure or obstruct another.

Both forms of aggressive driving require that the driver violate one or more of the specific crimes or offenses listed in the statute AND that the driver be a hazard to another person.

Va. Code § 46.2-868.1. Aggressive driving; penalties
” A person is guilty of aggressive driving if (i) the person violates one or more of the following:
§ 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); AND
(ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.
B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.”
Penalties for Fairfax Aggressive Driving (Normal)
  • Class  2 misdemeanor (Criminal Conviction)
  • 0 to 6months in jail
  • $0-$1,000 in fines
  • 0-6 months loss of license
  • 4 Va DMV demerit points
Penalties for Fairfax Aggressive Driving (intent to intimidate, harass, injure ect. )
  • Class 1 misdemeanor (Criminal Conviction)
  • 0 to 12 months in jail
  • $0-$2,500 in fines
  • 0-6 months loss of license
  • 4 Va DMV demerit points
Defenses for Aggressive Driving

There are two main ways we prevent conviction for aggressive driving in Fairfax:

1) We attack the culpability. We try to show reasons why the driver does not deserve these harsh punishments and ask the court to reduce the charge to a less sever traffic ticket.

2) We attack the accuracy and admissibility of the police officer’s accusations. There are a lot of technical defenses to aggressive driving because it requires a driver to be guilty of a specific traffic crime or offense. Each one of those offense comes with their own technical arguments.

Additionally, aggressive driving requires being a hazard to another person. Being a danger to yourself or to property does not count. This technicality is often forgotten by police officers.

For more information about aggressive driving defenses, click here.

How to Prepare for an Aggressive Driving Trial

Some of the things we recommend drivers do, can include (click the links for more information):

  • Taking a Driver Improvement Course
  • Get a copy of the officer’s accident report (if there was an accident)
  • Draw a diagram showing the incident and its location
  • Writing a brief biography about yourself
  • Writing a detailed incident summary about yourself
  • Getting a copy of your DMV record
Likely Lesser Offenses For Aggressive Driving

In Fairfax, prosecutors will not negotiated with unrepresented defendants; however, your attorney might be able to get the reckless driving charge reduced from a criminal reckless driving charge to one of the following non criminal traffic tickets:

  • Improper Driving
  • (Many other traffic tickets)

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Defending Drivers in Fairfax

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