Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 7. Reckless Driving and Improper Driving
Virginia Code

Va. Code Ann. § 46.2-869 (2026)

Improper driving; penalty

✓ current as of May 2026
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Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the jury or the court trying the case without a jury may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

1966, c. 511, § 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770; 2000, c. 340; 2025, c. 357.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1996–2025 · leading case: Chibikom v. Commonwealth, 680 S.E.2d 295 (Va. Ct. App. 2009).
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Chibikom v. Commonwealth, 680 S.E.2d 295 (Va. Ct. App. 2009). · cites it 24× “1 On appeal, she contends the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Code § 46.2-869, 2 is a lesser-included offense of reckless driving by speed.”
Steven Joseph Blevins v. Commonwealth of Virginia, 762 S.E.2d 396 (Va. Ct. App. 2014). · cites it 13× “We hold that, based on Code § 46.2-869, the *637 applicable statute, the culpability determination for improper driving was exclusively the prerogative of the trial court, and in this case the court made no such finding.”
Scott v. Commonwealth, 707 S.E.2d 17 (Va. Ct. App. 2011). · cites it 4× “, Code § 46.2-869 (providing that "upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving,” which is a mere traffic…”
Hale v. Commonwealth, 478 S.E.2d 710 (Va. Ct. App. 1996). · cites it 4× “Wilburn Junior Hale (appellant) appeals from the judgment of the Circuit Court of Lee County (trial court) that approved his jury trial convictions of improper driving in violation of Code § 46.2-869 and possession of alcohol by a person under the age of twenty-one in violation…”
MacDonald v. Commonwealth, 83 Va. Cir. 485 (Fairfax Cir. Ct. 2011). · cites it 9× “” Va. Code Ann. § 46.2-869 (2011). The Commonwealth’s motion was granted, and the charge was reduced to improper driving.”
Kashawna Jean Moore v. Commonwealth of Virginia (Va. Ct. App. 2018). · cites it 10× “2-294 barred the conviction because she previously was convicted of improper driving under Code § 46.2-869. She argues that Code § 19.”
William Michael Berger v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 10× “William Michael Berger (appellant) appeals his conviction for improper driving in violation of Code § 46.2-869. On appeal, appellant contends that the trial court erred in finding the evidence presented sufficient to sustain his conviction.”
Shifflett v. Routhier (W.D. Va. 2024). · cites it 5× “” Va. Code Ann. § 46.2-869 . (emphasis added.”
United States v. Walker, 885 F. Supp. 2d 814 (E.D. Va. 2012). · cites it 6× “Reduction of Reckless Driving Charge to Improper Driving Va.Code § 46.2-869, the improper driving statute, provides that “[njotwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is…”
James Edward Bayne v. Commonwealth (Va. Ct. App. 2006). · cites it 4× “The sole issue to be decided on this appeal is whether the evidence was sufficient to prove James Edward Bayne guilty of improper driving as proscribed by Code § 46.2-869. We hold that it was. I. Police Officer Chad Nestor was parked in his police cruiser at approximately 11:00…”
Commonwealth v. Warwick, 78 Va. Cir. 336 (Brunswick Cir. Ct. 2009). · cites it 4× “” Va. Code § 46.2-869 (2005). Therefore, the Court cannot order Warwick to pay restitution, at least not under Code § 19.”
Commonwealth v. Patton, 87 Va. Cir. 215 (Fairfax Cir. Ct. 2013). · cites it 3× “2d 295 (2009) (affirming the trial court’s decision that reckless driving by speed under Va. Code § 46.2-869 is a strict liability offense); Commonwealth v.”
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