In Fairfax and throughout the rest of Virginia, aggressive driving is generally a Class 2 misdemeanor. This is a criminal charge that involves one or more of 12 traffic offenses combined with either being a hazard to another driver or person or intending to harass, injure, or obstruct another driver or person. It is punishable by up to six months in jail as well as a fine of up to $1000.
If the driving was also done in with the intention to injure another person then it may be charged as a Class 1 misdemeanor. This is a criminal charge which is punishable by up to 12 months in jail and a fine of up to $2500.
Virginia is notoriously tough when it comes to driving offenses. Unlike its neighboring jurisdictions, speeding 20 miles per hour or more over the posted speed limit is a reckless driving charge, which is also classified as a Class 1 misdemeanor charge. Do not risk a criminal offense on your record and call an experienced attorney today.
In Virginia, there are two elements to aggressive driving. The first element is if somebody violates one or more of a number of offenses which are listed in Virginia code section 46.2-868.1. The second element is that the driver must also be a hazard to another driver or person or commits one of the offenses listed in the code section with the intent to harass, intimidate, injure or obstruct another driver or another person.
Behaviors that could qualify as aggressive driving includes failure to observe lanes marked for traffic, failing to give way, improper passing and driving too closely.
Aggressive driving in Fairfax can include speeding as a predicate offense. If somebody is speeding and they are doing so while being a hazard to another person or speeding with the intent to harass, intimate, injure or obstruct another person, then speeding can lead to a higher charge of aggressive driving.
Aggressive driving is a criminal charge because it endangers other people. Typically, Fairfax police officers are looking for any driving behavior that could qualify as a danger to another person. This could include behavior such as unsafe lane changes, cutting off other drivers, running red light to stop signs, speeding or tailgating.
Someone may be charged with aggressive driving when they may believe that they were only speeding. The intention of their behavior and how they were behaving is what makes the difference.
If you’re charged in Fairfax with aggressive driving you can expect the police officer to be present with his testimony and describe your behavior that led to him issuing you a summons. You can also expect a judge to not be pleased as aggressive driving is definitely frowned upon heavily.
They believe that someone charged with aggressive driving shows a disrespect to the law as well as a disrespect and disregard for other people. Also, despite being a lesser charge than reckless driving, aggressive driving cases in Fairfax are treated very similarly to reckless driving.
A Fairfax aggressive driving lawyer can help you understand exactly what you’re facing. They can break down the elements and help you see whether or not your behavior actually does meet the requirement to qualify for a conviction.
An experienced Virginia attorney can also help you build a strong case that will challenge the reasons why an officer issued you a summons in the first place. Oftentimes, aggressive driving charges depend only on the officer’s testimony, which can be very subjective as it requires intent to be proven for why the driver was behaving a certain way.
Your lawyer may be able to provide an alternative reason for why your behavior resulted in a ticket and possibly may be able to convince the judge to reduce your charge especially if your driving record is clean to begin with.
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