HB42: Improper driving; person may be charged with offense when conduct constitutes reckless driving.


Offered January 12, 2022
Prefiled December 31, 2021
A BILL to amend and reenact § 46.2-869 of the Code of Virginia, relating to improper driving.
Patron-- Anderson

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-869 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-869. Improper driving; penalty.

A. A person may be charged with the offense of improper driving when his conduct is of the kind that constitutes reckless driving under this article but when his degree of culpability is slight.

B. 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 court in its discretion 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's decision and shall notify the court of such change.

C. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.