Chesterfield County Aggressive Driving Lawyer
Being charged with aggressive driving tends to be more serious than other types of negligent driving charges. You should be well-informed about the risks you face to your license and your criminal record. It is crucial that you put up a strong defense with assistance from a seasoned traffic attorney. To defend your case, let a Chesterfield County aggressive driving lawyer fight for your rights. The stakes are too high for you to attempt a defense on your own without qualified counsel.
What is Aggressive Driving Under State Law?
Aggressive driving is addressed by Virginia Code 46.2-868.1. The statute states that a person is guilty of aggressive driving if they commit certain offenses while they are a hazard to some other person, or commit an offense with the intent to intimidate, harass, injure, or obstruct some other person. The predicate offenses include:
- Driving on the right side of highway
- Failure to observe lane markings
- Following too closely
- Vehicle entering the highway yields the right of way
- Evasion of traffic control devices
- Passing when overtaking a vehicle
- Speeding
- Stopping on the highway
If a person commits one of these traffic offenses in a way that is hazardous or with the requisite intent, they could face an aggressive driving charge as well. This adds to the potential penalties in a significant way, and could lead to high fines and other penalties as well.
Penalties for Aggressive Driving in Chesterfield County
Under state law, aggressive driving is either a Class I or Class II misdemeanor, depending on the circumstances. An aggressive driving lawyer in Chesterfield County could explain which classes and penalties a person is facing.
Class I Misdemeanor
Aggressive driving is a Class I misdemeanor if the person committed the predicate offense with an intent to injure another person. A Class I misdemeanor is punishable by up to twelve months in jail and of fine of up to $2,500. An individual convicted of this offense could also be required to attend aggressive driving classes.
Class II Misdemeanor
Aggressive driving is a Class II misdemeanor if the person committed the predicate traffic offense without an intent to injure, but with some sort of altered mental state. A Class II misdemeanor may result in up to six months in jail and a fine of up to $1,000. The person could also be required to attend aggressive driving classes.
Defending Aggressive Driving Allegations
Just because someone is charged with aggressive driving does mean that they are automatically guilty of the offense. Defensive arguments that a Chesterfield County aggressive driving attorney could make, and that may help a defendant avoid punishment, might include:
- The individual did not commit the predicate traffic offense
- The person did not commit the predicate traffic offense with the necessary mental state to be labeled as aggressive driving
- The actions were not done with an intent to injure another person
- There is other reasonable doubt as to the validity of the charges
Presenting a strong defense could make a major difference in how the case proceeds.
Fight Back with a Chesterfield County Aggressive Driving Attorney
Aggressive driving charges require specific forms of proof to get a conviction but prosecutors might not have the evidence they need for this charge to stick. A skilled Chesterfield County aggressive driving lawyer could analyze your specific situation to determine whether an effective defense exists in your case. Speak with one of our legal professionals right away and learn how we could help.
