A person shall be guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.
Under this law, the police officer must be able to prove that you — while driving on a two-way road with one lane going in each direction — passed another vehicle driving in the same direction as yourself while on or approaching the top of a hill or a curve and your view along the road was obstructed. This law punishes you for passing another vehicle by driving on the shoulder or in the oncoming traffic lane while having an obstructed view of the road ahead. This law does not apply to you if you are driving on a one-way road or a two-way road with two or more lanes going in each direction.
For example, it is considered Reckless Driving Passing Another Vehicle On Top Of A Hill Or Curve in Virginia if you — while driving on a two-way road with one lane going in each direction — drive in the oncoming traffic lane in order to pass another vehicle driving in the same direction as yourself while approaching the top of a hill with an obstructed view of oncoming traffic.
By Michael Huff, Esq.
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