Reckless Driving Charges for Passing at a Railroad Grade Crossing

In Virginia, one driving behavior that falls under the reckless driving law is passing at a railroad grade crossing. This is due to the deadly nature of accidents involving cars and trains. However, you can still be ticketed even if there was no train on the tracks at the time you were passing the other vehicle. Passing at a railroad grade crossing

§ 46.2-858 Passing at a Railroad Grade Crossing

Section 46.2-858 of the Virginia code reads, "A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer."

Penalty for Reckless Driving

You may be surprised to learn that reckless driving is typically considered a Class 1 misdemeanor. This means a reckless driving conviction is a criminal charge and not a simple traffic ticket.

Penalties for a reckless driving conviction include:

  • Up to 12 months in jail
  • A maximum $2,500 in fines
  • Driver's license suspension of 10 days to six months
  • Six demerit points added to your driving record for 11 years

A reckless driving conviction may also affect your ability to maintain your employment, especially if your job requires a commercial driver's license or a valid security clearance.

How Charles V. Hardenbergh Can Help

Obtaining skilled legal representation is the key to minimizing the consequences of a reckless driving charge. Virginia attorney Charles V. Hardenbergh is committed to helping drivers build an aggressive defense, using his experience as a JAG officer, professor of law at VMI, and federal prosecutor. Call today to schedule a free, no obligation initial consultation.