Norfolk Aggressive Driving Charges

Although aggressive driving charges may not be common, they can carry serious penalties if you happen to be charged. Below, a Norfolk traffic lawyer discusses what you need to know regarding this offense and what you can expect if charged. To learn more or to begin building a defense for your case, call and schedule a free consultation today.

Elements of Aggressive Driving in Virginia

The first element of aggressive driving in Virginia is that the driver has to have violated one or more of a whole bunch of offenses 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 have committed one of the solo offenses with the intent to harass, intimidate, injure or obstruct another person.

What Level Criminal Offense is Aggressive Driving?

Aggressive driving is considered a criminal offense, specifically, a class 2 misdemeanor, with class 1 misdemeanors being the most serious, so it’s pretty high up there. Class 2 misdemeanors are punishable by a fine of up to $1000 and up to six months in jail. If the driver was also found to have the intention to cause someone else injury then the charge can escalate to a class 1 misdemeanor, which is more serious and is punishable by up to a fine of $2500 and up to 12 months in jail, as well as up to six months of a license suspension. There is also the possibility of being obligated to take an aggressive driving education program.

How is Aggressive Driving Typically Charged?

Aggressive driving is not charged very often and in most situations where it could potentially be charged, the law enforcement officer will choose to charge the driver with reckless driving instead, which is actually a higher offense than aggressive driving.

Do Commonwealth Attorneys Prosecute These Cases?

No. Commonwealth attorneys do not prosecute aggressive driving cases in Virginia. Instead, the law enforcement officer that issued the summon will be the one handling the case in court. However, sometimes in egregious situations of aggressive driving or reckless driving, there will be a prosecutor assigned to the case.

Challenging Evidence in Aggressive Driving Cases 

Challenging evidence in aggressive driving cases requires a strategic approach, as the prosecution often relies heavily on police reports, dashcam footage, and eyewitness testimony. A strong defense can contest each of these forms of evidence.

Police reports, while authoritative, are not infallible. Discrepancies in the officer’s observations or mistakes in the report can be scrutinized, especially if the officer did not witness the alleged aggressive driving firsthand. Dashcam footage, often seen as concrete evidence, can be challenged based on its angle, clarity, or gaps in recording, which might fail to capture the full context of the incident. Eyewitness testimony, though persuasive, is prone to errors due to the witness’s perspective, memory, or bias.

Understanding Virginia’s legal standards for aggressive driving is crucial. Under Virginia Code § 46.2-868, aggressive driving is a Class 1 misdemeanor, but the statute provides specific behaviors that must be proven. Successfully challenging evidence can significantly impact the outcome of your case.

Expectations For an Aggressive Driving Case in Norfolk

You should expect from an aggressive driving case in Virginia that the officer who issued you summons will be the one on the other side handling the case, and you should also expect the judges to take this charge very seriously, as it’s not a very friendly offense in terms of how the driver was behaving. A lot of times, judges will issue a lecture to the defendant about safe practices on the road and how behaviors can have an effect on other people.