A. 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.
2002, cc. 752, 782.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2008–2021 · leading case:
Phelps v. Com., 654 S.E.2d 926 (Va. 2008).
Phelps v. Com., 654 S.E.2d 926 (Va. 2008).
· cites it 2× “Causes the death of another person"); Code § 46.2-868.1(A)(ii) (defendant is guilty of aggressive driving if he is "a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person").”
Hudson v. Freivald, No. 3:18-cv-00096 (W.D. Va. Mar. 25, 2021).
· cites it 2× “Va. Code Ann. § 46.2-868.1 . The second statute cited by Freivald applies to divided highways.”
Michael S. Elliott v. Commonwealth of Virginia, No. 1549092 (Va. Ct. App. Sept. 7, 2010).
· cites it 2× “-6- lanes in a manner potentially endangering himself and others on the road, yelling and gesturing at nearby motorists, and displaying apparent agitation and unusual public behavior, allowed the deputy sheriff to perform a legitimate investigative function, and thus justified…”
Va. Code Ann. § 46.2-868.1(A)(ii): 1 case
Phelps v. Com., 654 S.E.2d 926 (Va. 2008).
“Causes the death of another person"); Code § 46.2-868.1(A)(ii) (defendant is guilty of aggressive driving if he is "a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person").”
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