What is Virginia Aggressive Driving?

Aggressive driving is a misdemeanor in Virginia. If you’re charged with it under 46.2-868.1, you should consult an attorney to prepare a defense.

Hello, I’m Andrew Flusche. If you’re charged with aggressive driving in Virginia, you need to understand what you’re charged with. It is a misdemeanor. It could be a class 1 or class 2 misdemeanor depending upon the exact allegation against you.

Essentially the statute, which is 46.2-868.1, says that anyone who commits a variety of about nine different traffic violations, while there is something else going on, is guilty of aggressive driving. That other piece of the puzzle, in addition to the traffic violation, is that you either have to be a hazard to another person, or you have to be committing the violation with the intent to harass or intimidate someone else. So that’s where the aggressive part comes in.

Now the key thing is that it’s kind of a complicated statute with those different pieces, it’s a little more complicated than your average traffic violation, and it is a misdemeanor. Sometimes the officers can end up mischarging an offense, where it actually might not be aggressive driving; maybe it’s just a traffic violation, or maybe it more properly fits under reckless driving. So due to that issue, sometimes the charges can be beaten if it’s charged under the incorrect statute because you may simply not be guilty of the statute of aggressive driving.

Importantly though, you need to talk with an attorney, because it is a misdemeanor. Whether or not it’s a class 1 or a class 2 misdemeanor, you’re still facing the possibility of jail time along with a fine. You wouldn’t normally get active jail time depending upon the facts of your case and your prior record, but it is a possibility.

You definitely want to talk with an attorney so you can see how real jail time is in your case and if it actually might happen, and if there is a way to try to get the case either beaten completely, or dismissed due to driving school, or just reduced to a lesser offense like a traffic violation, to where it would be less points and you wouldn’t be convicted of a misdemeanor. So simply understand what aggressive driving is, and talk to an attorney to help you understand how it relates to your case.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

What's Next?

Get Free Answers

Andrew wrote the book on reckless driving. It’s the most-reviewed Virginia reckless driving resource on Amazon.com.

Get Your Free Copy

Andrew wrote the book on DWI. It’s jam-packed full of answers for your case.

Get Your Free Copy

Our special report about driving on suspended explains six critical issues to possibly fight in your case.

Get Your Free Copy


We provide free consultations for cases in our area. If we can't help, we'll do our best to connect you with someone who can.



Contact Andrew & Fitz