If you have been arrested for reckless driving for passing on a crest of a grade or curve in Virginia, it is important to understand the serious nature of the offense you have been charged with committing. Reckless driving is a crime in Virginia that carries harsh penalties if you are convicted. You should hire an experienced reckless driving attorney who will aggressively defend you to protect your rights and work to get the charges dismissed or reduced.
What Constitutes Passing on a Crest of a Grade or Curve Under Virginia’s Reckless Driving Law
Under Virginia Code §46.2-854, it is considered reckless driving for a driver driving a motor vehicle to overtake and pass another motor vehicle proceeding in the same direction on a crest of a grade or a curve on the highway when the view of the driver is obstructed. The prosecutor must prove all elements of this offense beyond a reasonable doubt for you to be found guilty.
Exception When Passing on a Crest of a Grade or Curve Is Not Considered Reckless Driving in Virginia
There is an exception to the reckless driving charge for passing on a crest of a grade or curve in Virginia. According to Virginia Code § 46.2-854, passing on a crest of a grade or curve is not considered reckless driving in these situations:
- The highway has two or more designated lanes of roadway for each direction of travel.
- The road is designated as a one-way roadway or highway.
Penalties for Reckless Driving for Passing on a Crest of a Grade or Curve
If convicted of reckless driving for passing on a crest of a grade or curve in Virginia, the penalties can be severe. You could face these consequences of a reckless driving conviction:
- Jail time. In Virginia, reckless driving is classified as a Class 1 misdemeanor, which means that you could be sentenced to up to 12 months in jail.
- Fines. You could also be ordered to pay fines of up to $2,500, depending on the circumstances of your offense.
- License suspension. A reckless driving conviction can lead to a suspension of your driver's license for up to six months.
- Insurance rates. A reckless driving conviction can cause your insurance rates to increase significantly, resulting in higher premiums for several years.
A skilled reckless driving attorney can raise your defenses to fight the charges you face. You may have solid defenses even if you are guilty. Your lawyer may be able to use an aggressive defense strategy to get the charges dismissed or reduced to a less severe traffic infraction through a plea bargain.