Va. Code §46.2-856: Reckless by Passing Two Vehicles Abreast
Reckless driving can also include passing two vehicles at the same time by driving on the shoulder or in the on-coming traffic lane(s) on a highway with two or more lanes of traffic in each direction. Often these charges involve motorcycles weaving through heavy traffic.
Va. Code 46.2-856 Reckless Driving – Passing two vehicles abreast
“A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.”
Penalties for Fairfax Reckless Driving – Passing Two Abreast
- 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
There are two main ways we prevent conviction for reckless driving passing two abreast 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. Often there is a question of how the officer knows whether the driver’s view was obstructed or his ability to operate the vehicle impaired. Simply having the vehicle heavily loaded or having too many passengers in the front seat is not enough.
For more information about reckless driving defenses, click here.
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)
- Writing a brief biography about yourself
- Writing a detailed incident summary
- Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving –Passing Two Abreast
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 charge to one of the following non criminal traffic tickets:
- Improper Driving
- Failure to wear a seat belt
- Failure to Pay Full Time and Attention