Passing on a Curve as Reckless Driving in Fairfax County
The Reckless Driving statute "Passing on or at the crest of a grade or on a curve" is codified under § 46.2-854. It is a rarely used statute in Fairfax County but is an important one nevertheless because it is a misdemeanor if convicted. The statute makes it illegal to pass another vehicle, while going in the same direction, either on or approaching a crest of a grade or a curve where the view is obstructed. A good example is passing a vehicle in front when there is a curve that includes trees or a large hill and you cannot see around the curve. As a result, it would endanger life, limb, or property (the definition of reckless driving) to pass the vehicle because oncoming traffic may not see you and vice versa. The exception is if the highway has at least two lanes for each direction.
Get a Lawyer for a Passing on a Curve Charged under § 46.2-854
Because this statute makes the maneuver Reckless Driving, it is important to contact a Lawyer. As indicated above, it is a rarely used statute and a police officer may not have much experience in writing these tickets and may have misunderstood what they observed and misjudge whether the charge is appropriate. It is a misdemeanor and a there are things a lawyer can do to help either reduce the charge or have it dismissed. Remember, just because you were issued a summons (and not formally arrested) does not mean the charge is a minor one. We recommend you give us a call so we can help you.