Road Rage and Reckless Driving Are Not the Same and Do Not Carry the Same Potential Consequences
Like any other state, Virginia sees its fair share of road rage and reckless driving incidents. While these two terms are often used interchangeably, they represent distinct concepts with separate legal ramifications. As a reckless driving defense attorney, James E. Short has seen how road rage can quickly escalate to serious criminal charges. It is important to understand the nuances between the two and how they can impact your future.
Reckless Driving Is a Defined Crime in Virginia
Reckless driving is a specific criminal offense under Virginia law with a specific legal meaning. Code of Virginia § 46.2-852 offers the general rule for reckless driving, explaining that it is when someone drives at any speed or in any manner “so as to endanger the life, limb, or property of any person.”
Offenses That Qualify as Reckless Driving
While reckless driving may involve excessive speeding, someone can be charged with reckless driving irrespective of the speed limit. Driving more than 20 mph over the limit or over 80 mph, regardless of the speed limit, may justify a reckless driving charge.
Other violations named in Virginia’s statutes against reckless driving include:
- Driving with faulty brakes
- Passing on a grade or curve
- Driving with an obstructed view
- Driving or passing two vehicles abreast
- Passing at a railroad crossing
- Passing a stopped school bus
- Failing to give proper signals
- Driving too fast for traffic or weather conditions
- Failing to reduce speed when approaching vehicles with warning lights
- Failing to yield the right of way
- Driving recklessly in a parking lot
- Aiding or abetting a race
Misdemeanor vs. Felony
In most cases, reckless driving is a Class 1 misdemeanor in Virginia. The potential penalties, including up to 12 months in jail and a $2,500 fine, are the same as for other offenses like petit larceny and assault and battery.
Under limited circumstances, like those involving death or street racing, reckless driving could be charged as a Class 6 felony. If convicted, the accused could face up to five years in prison. Street racing that results in a fatality could increase that penalty to up to 20 years imprisonment.
Aggressive Road Rage Explained in Simple Terms
Unlike the legal definition of reckless driving, road rage is not a criminal offense in and of itself. Colloquially, it is a type of aggressive driving characterized by hostile or angry behavior toward other motorists on the road. Road rage typically involves anger-fueled retaliation against a perceived slight, like being cut off in traffic.
A person engaging in road rage may display any or all of the following behaviors:
- Yelling obscenities
- Excessive honking
- Threatening gestures
- Tailgating and other dangerous maneuvers
- Physical confrontations leading to possible violence
Simply screaming at someone when stopped at a red light may not be a crime. Excessively speeding and swerving across lanes to intimidate other motorists may be reckless driving. Getting out of your vehicle and physically assaulting the other driver can be a crime, but it is not reckless driving.
The two concepts can be related, but they are legally distinct. Road rage may lead to aggressive driving charges under Code of Virginia § 46.2-868.1 in some cases. These may include driving on the wrong side of the highway or committing an offense “with the intent to harass, intimidate, injure, or obstruct another person.” Aggressive driving is a Class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine.
What to Do if You Are Charged With Reckless Driving
When a law enforcement officer pulls you over for reckless driving, the most important thing is to try and stay calm. It is important to recognize that reckless driving is not a simple traffic violation. Reckless driving is a serious criminal offense. You should take this accusation seriously.
You are not legally obligated to sign a reckless driving ticket in Virginia, but it is in your best interest to do so. The ticket is actually a summons requiring you to appear in court. If you sign the summons, the officer may let you go. If you do not, they may take you to the police station for processing.
At your first opportunity, consult with an experienced criminal defense attorney. James Short can assess your case, explain your options, and prepare a viable defense strategy. Never appear in court without sound legal representation. It is possible to face DUI and reckless driving charges from the same incident. The compounded effects of these charges can be dire.
Protect Your Future With a Virginia Criminal Defense Lawyer
Facing a serious criminal allegation like reckless driving stemming from a road rage incident is not something you want to take lightly. Crucially, a criminal defense attorney can help you fight these charges in a number of ways. You may be able to show mitigating circumstances or question the validity of the stop, for example.
Don’t just take it from us. “I found Mr. Short online and decided to pick him due to all the positive reviews I read,” writes Debbie D., a client whose son was facing a reckless driving charge for speeding and racing. “I can honestly say that the reviews were all true. He told us the truth, and he made this a very easy process. He took time to learn about my son and our family.” Let us help you protect your rights if you’re facing reckless driving charges.