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'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.
Va. Code Ann. § 46.2-869
Improper driving; penalty
Applied in 7 court decisions — leading case 58 Va. App. 35 - Scott v. Commonwealth (2011)
Most recently applied in Commonwealth v. Patton (October 2013)
1966, c. 511, § 46.1-192.2; 1972, c. 278; 1989, c. 727; 1990, c. 770; 2000, c. 340; 2025, c. 357.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.