Fauquier County Aggressive Driving Attorney

In Virginia, aggressive driving is a criminal misdemeanor. There are 12 different traffic offenses which amount to aggressive driving if they are committed by the driver while either being a hazard to another person or with the intent to harass, intimidate, injure or obstruct another person. Some driving behaviors that qualify include failing to give way, improper driving and passing or driving too closely.

The elements of aggressive driving in Virginia are first that they have to violate one of the 12 offenses which are listed in Virginia Code Section 46.2 – 858.1. The second element is that the driver has to be a hazard to another person or has to commit one of the offenses with the intention of harassing, intimidating, injuring or obstructing another person. All of these offenses listed in the statute are first something that the driver needs to do and then the driver has to have the intention of behaving in a particular way while committing that offense. It is two steps. Aggressive driving may be a lesser offense than reckless driving, in that there are lesser penalties associated with it, but it is still important to hire a speeding ticket attorney in Fauquier County for your defense.

Common Ways Aggressive Driving is Charged

One of the most common ways aggressive driving is charged is actually when somebody passes a police officer going at an excessive speed when the police officer has pulled somebody else over on the side of the road. Seeing that a Fauquier County police officer has already stopped someone on the side of the road does not mean that another person passing that officer will be ignored.

How Speeding Leads to Aggressive Driving in Fauquier County

Speeding is a predicate offense for aggressive driving. If someone is speeding already then the only thing that they need to do for it to become an aggressive driving charge is that they need to be speeding in a manner to intimidate or harass some other driver or speeding in a way that is going to be hazardous to somebody else.

Level of Offense for Aggressive Driving

In Virginia aggressive driving is considered to be a Class 2 Misdemeanor. This means that it is punishable by up to 6 months in jail and a fine of up to $1000. If the aggressive driving is proven to have been done with the intention to cause someone else injury, then it can escalate to a Class 1 Misdemeanor which is punishable by up to 12 months in jail and a fine of up to $2500. The court can also require the driver to complete an Aggressive Driving Program or Anger Management Course for this.

While these two options may not seem like very attractive options to someone with a busy life, they are beneficial in helping some charged with aggressive driving potentially mitigate consequences to their criminal record and/or driver’s license. For more information about the role a driver or anger management program may have on someone’s case, contact a Fauquier County aggressive driving attorney as soon as possible. They will help you navigate what options work for your particular case.