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2018 SESSION
18101409DPatrons-- Collins, Mullin, Webert, Yancey, Bell, John J., Gooditis, Ransone and Reid
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.
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 any person who drives a vehicle on any highway (i) in a
negligent manner but does not
endanger the life, limb, or property of another or (ii)
while using a handheld personal communications device
where such use substantially diverts the driver's attention from the operation
of the vehicle is guilty of improper driving. However, an 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.