Railroad Crossing With a Train Passing ByWhile passing another motor vehicle at a railroad grade crossing or an intersection would be a traffic violation in most states, it is considered reckless driving in Virginia. If you have been arrested for this offense, you need to understand what this crime is and the penalties you face if convicted. You also need to immediately retain an experienced reckless driving attorney to defend you to avoid the harsh consequences of a conviction.

Reckless Driving for Passing at a Railroad Grade Crossing or Intersection

Under Virginia Code §46.2-858, a person can be found guilty of reckless driving if they overtake or pass another motor vehicle operating in the same direction at a railroad grade crossing. Overtaking another car at a highway intersection also constitutes reckless driving under this statute.

As with many laws, there are exceptions when passing at a railroad crossing or highway intersection would not be considered reckless driving. They include the following:

  • The vehicles are being driven on a highway having two or more lanes of traffic designated for each direction of traffic.
  • The road is marked as a passing zone.
  • The road is designated as a one-way street or intersection.
  • Pedestrians are passing or about to pass in front of either vehicle unless they are permitted to do so by a light or police officer.

A highway is liberally construed to include most roads and streets in Virginia.

Penalties for Reckless Driving for Passing at a Railroad Crossing or Intersection

All reckless driving offenses are Class 1 misdemeanors in Virginia. If this is your first offense, you could face these punishments:

  • Jail. You could be sentenced to up to 12 months in jail.
  • Fine. You may be ordered to pay a fine of up to $2,500.
  • Driver’s license suspension. Your driver’s license would be suspended for six months.
  • Demerit points. Six demerit points would be placed on your driving record.

In addition, you would suffer the long-term consequences of having a permanent criminal record, such as difficulty obtaining employment, housing, education, and a security clearing.

Are you facing reckless driving charges in Virginia? You may have strong defenses—even if you are guilty.

Our skilled reckless driving lawyers understand how a conviction can affect the rest of your life and can aggressively defend you to help you get the charges dismissed or reduced to a less serious offense. Call our Manassas office at 888-DUI-LWYR or fill out our online form to schedule your free consultation today to learn about our track record of success helping other clients charged with reckless driving and how we can assist you.

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