{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-869.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-869.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-869.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-869.html"}],"law_id":72718,"edition_id":1,"section_id":72718,"structure_id":13413,"section_number":"46.2-869","catch_line":"Improper driving; penalty","history":"1966, c. 511, \u00a7 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770; 2000, c. 340; 2025, c. 357.","full_text":"Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the jury or the court trying the case without a jury may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court&#8217;s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.","order_by":null,"text":{"0":{"id":261727,"text":"Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the jury or the court trying the case without a jury may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court&#8217;s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13413,"edition_id":1,"name":"Reckless Driving and Improper Driving","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:44:51","date_modified":"2026-06-26 03:44:51","permalink":{"id":230871,"object_type":"structure","relational_id":13413,"identifier":"7","token":"46.2\/III\/8\/7","url":"\/46.2\/III\/8\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81167,"structure_id":13413,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","url":"\/46.2-852\/","token":"46.2\/III\/8\/7\/46.2-852","metadata":false},{"id":79974,"structure_id":13413,"section_number":"46.2-853","catch_line":"Driving vehicle which is not under control; faulty brakes","url":"\/46.2-853\/","token":"46.2\/III\/8\/7\/46.2-853","metadata":false},{"id":82702,"structure_id":13413,"section_number":"46.2-854","catch_line":"Passing on or at the crest of a grade or on a curve","url":"\/46.2-854\/","token":"46.2\/III\/8\/7\/46.2-854","metadata":false},{"id":63229,"structure_id":13413,"section_number":"46.2-855","catch_line":"Driving with driver's view obstructed or control impaired","url":"\/46.2-855\/","token":"46.2\/III\/8\/7\/46.2-855","metadata":false},{"id":81455,"structure_id":13413,"section_number":"46.2-856","catch_line":"Passing two vehicles abreast","url":"\/46.2-856\/","token":"46.2\/III\/8\/7\/46.2-856","metadata":false},{"id":57560,"structure_id":13413,"section_number":"46.2-857","catch_line":"Driving two abreast in a single lane","url":"\/46.2-857\/","token":"46.2\/III\/8\/7\/46.2-857","metadata":false},{"id":55484,"structure_id":13413,"section_number":"46.2-858","catch_line":"Passing at a railroad grade crossing","url":"\/46.2-858\/","token":"46.2\/III\/8\/7\/46.2-858","metadata":false},{"id":54383,"structure_id":13413,"section_number":"46.2-859","catch_line":"Passing a stopped school bus; prima facie evidence","url":"\/46.2-859\/","token":"46.2\/III\/8\/7\/46.2-859","metadata":false},{"id":63384,"structure_id":13413,"section_number":"46.2-860","catch_line":"Failing to give proper signals","url":"\/46.2-860\/","token":"46.2\/III\/8\/7\/46.2-860","metadata":false},{"id":79399,"structure_id":13413,"section_number":"46.2-861","catch_line":"Driving too fast for highway and traffic conditions","url":"\/46.2-861\/","token":"46.2\/III\/8\/7\/46.2-861","metadata":false},{"id":55489,"structure_id":13413,"section_number":"46.2-861.1","catch_line":"Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties","url":"\/46.2-861.1\/","token":"46.2\/III\/8\/7\/46.2-861.1","metadata":false},{"id":81999,"structure_id":13413,"section_number":"46.2-862","catch_line":"Exceeding speed limit","url":"\/46.2-862\/","token":"46.2\/III\/8\/7\/46.2-862","metadata":false},{"id":59229,"structure_id":13413,"section_number":"46.2-863","catch_line":"Failure to yield right-of-way","url":"\/46.2-863\/","token":"46.2\/III\/8\/7\/46.2-863","metadata":false},{"id":57003,"structure_id":13413,"section_number":"46.2-864","catch_line":"Reckless driving on parking lots, etc","url":"\/46.2-864\/","token":"46.2\/III\/8\/7\/46.2-864","metadata":false},{"id":69860,"structure_id":13413,"section_number":"46.2-865","catch_line":"(Effective July 1, 2026) Racing or exhibition driving; definitions; penalties","url":"\/46.2-865\/","token":"46.2\/III\/8\/7\/46.2-865","metadata":false},{"id":71115,"structure_id":13413,"section_number":"46.2-865.1","catch_line":"Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties.","url":"\/46.2-865.1\/","token":"46.2\/III\/8\/7\/46.2-865.1","metadata":false},{"id":86611,"structure_id":13413,"section_number":"46.2-866","catch_line":"Racing or exhibition driving; aiders or abettors; penalty.","url":"\/46.2-866\/","token":"46.2\/III\/8\/7\/46.2-866","metadata":false},{"id":73373,"structure_id":13413,"section_number":"46.2-867","catch_line":"Racing; seizure of motor vehicle","url":"\/46.2-867\/","token":"46.2\/III\/8\/7\/46.2-867","metadata":false},{"id":79469,"structure_id":13413,"section_number":"46.2-867.1","catch_line":"Exhibition driving; impoundment of motor vehicle.","url":"\/46.2-867.1\/","token":"46.2\/III\/8\/7\/46.2-867.1","metadata":false},{"id":71700,"structure_id":13413,"section_number":"46.2-868","catch_line":"Reckless driving; penalties","url":"\/46.2-868\/","token":"46.2\/III\/8\/7\/46.2-868","metadata":false},{"id":64733,"structure_id":13413,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","url":"\/46.2-868.1\/","token":"46.2\/III\/8\/7\/46.2-868.1","metadata":false},{"id":72718,"structure_id":13413,"section_number":"46.2-869","catch_line":"Improper driving; penalty","url":"\/46.2-869\/","token":"46.2\/III\/8\/7\/46.2-869","metadata":false}],"previous_section":{"id":64733,"structure_id":13413,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","url":"\/46.2-868.1\/","token":"46.2\/III\/8\/7\/46.2-868.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-869\/","history_text":"<p>This law was first created in 1966. The record of its establishment is cataloged in chapter 511 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1966 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1972, chapter 278; in 1989, chapter 727; in 1990, chapter 770; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0340\">340<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0357\">357<\/a>.<\/p>","references":[{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"}],"refers_to":false,"permalink":{"id":230957,"object_type":"law","relational_id":72718,"identifier":"46.2-869","token":"46.2\/III\/8\/7\/46.2-869","url":"\/46.2-869\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-869\/","token":"46.2\/III\/8\/7\/46.2-869","dublin_core":{"Title":"Improper driving; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-869","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Notwithstanding the foregoing provisions of this article, upon the <span class=\"dictionary\">trial<\/span> of any person charged with <span class=\"dictionary\">reckless driving<\/span> where the degree of culpability is slight, the <span class=\"dictionary\">jury<\/span> or the <span class=\"dictionary\">court<\/span> trying the case without a <span class=\"dictionary\">jury<\/span> may find the <span class=\"dictionary\">accused<\/span> not guilty of <span class=\"dictionary\">reckless driving<\/span> but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of <span class=\"dictionary\">reckless driving<\/span> to improper driving at any time prior to the <span class=\"dictionary\">court<\/span>&#8217;s decision and shall notify the <span class=\"dictionary\">court<\/span> of such change. Improper driving shall be punishable as a <span class=\"dictionary\">traffic infraction<\/span> punishable by a fine of not more than $500.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nIMPROPER DRIVING; PENALTY (\u00a7 46.2-869)\n\nNotwithstanding the foregoing provisions of this article, upon the trial of any\nperson charged with reckless driving where the degree of culpability is slight,\nthe jury or the court trying the case without a jury may find the accused not\nguilty of reckless driving but guilty of improper driving. However, an attorney\nfor the Commonwealth may reduce a charge of reckless driving to improper driving\nat any time prior to the court&#8217;s decision and shall notify the court of\nsuch change. Improper driving shall be punishable as a traffic infraction\npunishable by a fine of not more than $500.\n\nHISTORY: 1966, c. 511, \u00a7 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770;\n2000, c. 340; 2025, c. 357.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}