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Reckless Driving: Passing two vehicles abreast (46.2-856)

A person shall be guilty of reckless driving who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

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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