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Reckless Driving: Passing at a railroad grade crossing (46.2-858)

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

This is a Class 1 misdemeanor criminal offense in Virginia with a maximum punishment including incarceration for up to 12 months, a fine of up to $2,500.00 and a suspension of your privilege to drive in Virginia for up to six months. 

If convicted, in addition to a permanent criminal record, the Virginia Department of Motor Vehicles (DMV) independently assesses 6 demerit points against your DMV record and your DMV record reflects the reckless driving conviction for 11 years.

In Virginia, police officers cannot charge you with the lesser offense of Improper Driving (46.2-869), a traffic infraction punishable by a fine of not more than $500 and accompanied by the DMV assessment of 3 demerit points  against your driving record.  However, if persuaded, the Commonwealth Attorney (prosecutor) has authority to reduce your reckless driving charge to improper driving.  Additionally, if your case is tried and the court finds a slight degree of culpability, the court may find you not guilty of reckless driving, but guilty of improper driving traffic infraction.

If you've been charged with reckless driving in Virginia, don't make the common mistake of trying to go it alone without an experienced Virginia criminal defense lawyer.  You need an aggressive and knowledgeable attorney who will fight for your rights. Let us be your legal advocate.

If saving your driver's license, minimizing fines, and avoiding a jail sentence are important to you, call The Wilson Law Firm at 703-361-6100 or toll free at 1-888-384-5997 for a free, no obligation consultation. 

 

 

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