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Virginia statute

Va. Code Ann. § 46.2-868.1 — Aggressive driving; 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. § 46.2-868.1

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.

Va. Code Ann. § 46.2-868.1Primary source, current through the 2026 Regular Session
A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person. B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.

Official sources

Legal terms used in this section

Questions this section answers

Is aggressive driving a felony or a misdemeanor in Virginia?

It depends on the circumstances: aggressive driving ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 46.2-868.1.

Aggressive driving (general): class 2 misdemeanor (Va. Code Ann. § 46.2-868.1B) · Aggressive driving with intent to injure: class 1 misdemeanor (Va. Code Ann. § 46.2-868.1B)

Which Virginia statute covers aggressive driving?

Aggressive driving is governed by Va. Code Ann. § 46.2-868.1 (Aggressive driving; penalties).

This reference is informational and is not legal advice.