Virginia statute
Va. Code Ann. § 46.2-865 — Racing or exhibition driving; definitions; penalties
Current through 2026 Regular Session
Part of Article 7: Reckless Driving and Improper Driving, Code of Virginia.
Criminal charges under this statute
Full text of Va. Code Ann. § 46.2-865
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. As used in this article, unless the context requires a different meaning:
"Exhibition driving" means the intentional performance of any of the following in close proximity to a group of two or more people:
1. Maintaining a motor vehicle in a stationary position by using the brake pedal or parking brake of such vehicle while simultaneously engaging the gas pedal, causing one set of wheels to spin or lose contact with the pavement;
2. Operating a motor vehicle in an unnecessary manner that causes such vehicle to move in a manner inconsistent with the normal operation of such vehicle, such as zigzagging or spinning around in a circular pattern. "Exhibition driving" does not include operating a motor vehicle in an otherwise lawful manner and engaging in such described conduct as necessary to avoid collision, damage, or injury;
3. Operating one or more motor vehicles, for the purpose of exhibiting the speed or power of such vehicle or vehicles, from a designated starting point to a designated ending point or over a common selected course, including drag racing; or
4. Transporting a passenger on the hood or roof of the motor vehicle.
B. Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.
C. Any person who engages in exhibition driving on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.
D. Any person who purposefully rides as a passenger on the hood or roof during any race or exhibition driving in violation of subsection B or C is guilty of a Class 3 misdemeanor.
E. Any person who purposefully slows, stops, or impedes, or attempts to slow, stop, or impede, the movement of traffic, including pedestrian traffic, for the purpose of a race or exhibition driving in violation of subsection B or C is guilty of a Class 1 misdemeanor.
F. When any person is convicted of reckless driving under subsection B, in addition to any other penalties provided by law, the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years or the court may, in its discretion and for good cause shown, require that such person enroll in the Intelligent Speed Assistance Program established pursuant to § 46.2-507 for a period of not less than six months nor more than two years. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398 . No restricted license issued nor enrollment in the Intelligent Speed Assistance Program required pursuant to this section shall permit any person to operate a commercial motor vehicle, as that term is defined in § 46.2-341.4 .
G. When any person is convicted of an offense of reckless driving under subsection C, in addition to any other penalties provided by law, the driver's license of such person shall be suspended by the court for a period of up to six months. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398 .
Official sources
Legal terms used in this section
Questions this section answers
Is racing or exhibition driving a felony or a misdemeanor in Virginia?
It depends on the circumstances: racing or exhibition driving ranges from a class 3 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 46.2-865.
Passenger on hood or roof during race or exhibition driving: class 3 misdemeanor (Va. Code Ann. § 46.2-865D) · Impeding traffic for purpose of race or exhibition driving: class 1 misdemeanor (Va. Code Ann. § 46.2-865E)
Which Virginia statute covers racing or exhibition driving?
Racing or exhibition driving is governed by Va. Code Ann. § 46.2-865 (Racing or exhibition driving; definitions; penalties).
This reference is informational and is not legal advice.