Va. Code § 46.2-854: Reckless by Passing on a Curve
Passing a car on the crest of hill, on a curve, or anywhere with an obstructed view of oncoming traffic is a form of reckless driving.
Va. Code 46.2-854 Reckless Driving – Passing on or at the crest of a grade or on a curve
“A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.”
Penalties for Fairfax Reckless Driving – Passing on a Curve or Crest
- Class 1 misdemeanor (Criminal Conviction)
- 0 to 12 months in jail
- $0-$2,500 in fines
- 0-6 months loss of license
- 6 Va DMV demerit points
Defenses for Reckless Driving – Passing on a Curve
There are two main ways we prevent conviction for reckless driving passing on a curve or crest 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 particularly statements regarding the driver’s view. The law bans passing on a curve or crest of hill when the driver’s view along the highway is obstructed. The officer, therefore must prove what the driver could or could not see. Even if the officer were to drive the exact same section of road, differences in the height of vehicles or their location in the roadway can affect what a driver can see. There is also some ambiguity in the statute about what must be obstructed in order to be guilty. How far down the road must a driver be able to see before they are guilty of this law.
For more information about reckless driving defenses, click here.
How to Prepare for a Reckless Driving – Passing on a Curve 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)
- Take pictures from the driver’s seat showing the driver’s view exactly as it existed at the time of the ticket.
- Writing a brief biography about yourself
- Writing a detailed incident summary about yourself
- Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving – Passing on a Curve or Hill
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
- Improper Lane Change
- Failure to Pay Full Time and Attention