Passing Two Vehicles Abreast as Reckless Driving in Fairfax County
We live in a very congested area. It is very rare to drive on any road in Fairfax County where there are no other vehicles on the road. It used to be true that you could get somewhere "without traffic" in a shorter period of time. However, today, there is no "without traffic." Rather, there is lighter traffic depending on the time of day. And at one time or another, you will come across two vehicles, driving side-by-side, at a slow rate of speed blocking your ability to get somewhere. It would be easy to just go around them and leave them in your dust. However, unless there are three lanes going in the same direction, or one of the vehicles happens to be a bicycle, the maneuver is considered reckless driving under § 46.2-857.
Driving Two Abreast in a Single Lane in Fairfax County
If you have ever driven next to someone ("abreast") while in the same lane as them, that is also reckless driving under § 46.2-857. It is rarely charged in Fairfax County because, generally, there are plenty of lanes available for traffic in the area. In small areas where lanes are scarce, trying to pass someone while in the same lane would violate this code section.
Get a Lawyer If You Are Charged With Passing Two Vehicles Abreast as Reckless Driving
Remember, the Fairfax County Officer or Trooper may have only issued you a simple summons (citation). However, it is a misdemeanor charge to Pass Two Vehicles Abreast. Sometimes, an officer will issue you a summons for aggressive driving instead (also a misdemeanor) because of the driving behavior. In any instance, it is important to talk to a Lawyer because the charge can be reduced or dismissed with the right set of facts.
Judges in Fairfax County do not go easier on people simply because they don't have a lawyer present. We have established years of credibility with the Court and routinely appear in front of the same Judges and Prosecutors. Rather than be alone in court against the Fairfax County Officer or Trooper, it would be a good idea to get your own Officer of the Court.