Richmond Aggressive Driving Defense Attorney

Aggressive Driving Defense Attorney

If you are facing a criminal charge for aggressive driving in Richmond or elsewhere in Virginia, it is critical to take the situation seriously. An aggressive driving charge is not a simple traffic ticket in Virginia.

While aggressive driving charges are not as common as charges for reckless driving in Virginia, there are harsh penalties associated with the aggressive driving charge. That is why it is vital to contact an aggressive driving defense attorney in Richmond, Virginia.

If you are facing aggressive driving charges, you need to understand your rights and all available defense strategies in your case. At Upton Law, PLLC, skilled traffic ticket defense attorney Samantha Upton represents clients facing traffic-related and other criminal charges in  Richmond and surrounding areas of Virginia.

If you have been charged with aggressive driving, get a free consultation with a reputable and dedicated aggressive driving defense lawyer in Richmond by contacting Upton Law, PLLC.

What Is Aggressive Driving in Richmond?

The aggressive driving charge is more complicated than many other traffic-related offenses in Virginia. A motorist can be charged with aggressive driving when they commit one or several of the specific traffic offenses outlined in the Code of Virginia § 46.2-868.1 combined with:

  • Being a hazard to other individuals
  • Acting with the intent to injure, intimidate, harass, or obstruct another individual.

The Code of Virginia lists 12 traffic offenses that can result in aggressive driving charges. These relate to:

  1. Driving on the wrong side of the highway
  2. Following another vehicle too closely
  3. Failing to obey lane markings for traffic
  4. Failing to yield the right of way when entering the highway
  5. Stopping on a highway
  6. Evading traffic control signals
  7. Passing and overtaking another vehicle
  8. Illegally passing another vehicle on the right
  9. Failing to give way to an overtaking vehicle
  10. Failing to give way to overtaking vehicles on a divided highway
  11. Illegal overtaking or passing
  12. Speeding

If you are facing aggressive driving charges for any traffic offenses, do not hesitate to speak with an aggressive driving defense attorney at Upton Law, PLLC, in Richmond, Virginia.

When Does Aggressive Driving Become a Legal Issue?

In order to be convicted of aggressive driving in Virginia, the prosecutor must prove two elements:

  1. The driver committed one or several of the 12 traffic offenses outlined in the Code of Virginia § 46.2-868.1; and
  2. The driver’s commission of the offense was a hazard to another individual, or the driver was acting with the intent to injure, intimidate, obstruct, or harass another person.

Your Richmond aggressive driving defense lawyer can prepare a strong defense strategy for your particular case and identify weaknesses in the prosecutor’s case to help you reduce or dismiss the charges.

How Do You Defend Against an Aggressive Driving Charge?

Remember that facing criminal charges for aggressive driving is not the same as receiving a traffic ticket for a simple traffic violation. However, several defenses may be available to you to defend against an aggressive driving charge in Richmond.

Your attorney can review your unique case to determine the most effective and successful defense strategy in your particular situation. Your lawyer may cross-examine the witnesses, look for signs of bias in the prosecutor’s case, or may argue that your constitutional rights were violated during the traffic stop or arrest.

Most aggressive driving charges are based on witness testimony, which is why an experienced defense lawyer can help you challenge the evidence in your criminal case and prove that your actions did not amount to aggressive driving under the Code of Virginia’s definition.

Aggressive driving defense lawyer Samantha Upton is familiar with the court system in Richmond. Her extensive experience and established connections with local courts, law enforcement officials, judges, and prosecutors allow her to effectively represent clients facing aggressive driving and other criminal charges in Richmond and surrounding areas of Virginia.

Aggressive Driving Penalties in Richmond

Under the Code of Virginia, aggressive driving is a Class 2 misdemeanor, which includes penalties such as:

  • No more than six months in jail
  • A fine of up to $1,000.

However, if you are charged with aggressive driving that involved the intention to injure another person, the offense could be elevated to a Class 1 misdemeanor, which is punishable with a maximum fine of $2,500 and up to one year in jail.

In addition to a jail sentence and fines, as a motorist convicted of aggressive driving in Richmond, the Virginia Department of Motor Vehicles (DMV) may add demerit points to your driving record. You may also be required to complete an aggressive driver education program.

Should I Hire a Lawyer for Help with Aggressive Driving Charges?

A Richmond aggressive driving defense attorney can help you pursue an outcome that could result in getting the charge reduced or dismissed altogether. You can benefit from hiring a skilled lawyer to investigate the circumstances surrounding your case and challenge the legality of the traffic stop or citation.

Your aggressive driving defense lawyer may be able to convince the judge to reduce the aggressive driving charge to a civil offense or get it dismissed altogether, especially if you have a good driving record. A skilled attorney may be able to help you avoid a criminal conviction on your record.

The Richmond aggressive driving defense lawyer at Upton Law, PLLC, is committed to vigorously representing your best interests to help you secure a favorable outcome in your case.

Contact a Richmond Aggressive Driving Defense Lawyer

If you or your loved one is facing aggressive driving charges in Richmond, Virginia, do not hesitate to call an experienced attorney to discuss your defense options. Upton Law, PLLC’s Richmond traffic defense lawyer can provide you with much-needed guidance and help you avoid severe penalties.

Schedule a consultation with the reputable and detail-oriented aggressive driving defense attorney at Upton Law, PLLC, now. You can call the firm or fill out a contact form to schedule a confidential consultation with Samantha Upton.

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