Exhibition Driving is Now Classified as Reckless Driving

As of July 1, 2025, the law concerning reckless driving has expanded significantly to include exhibition driving. This includes activities such as spinning the wheels, doing donuts, or drag racing. Impeding traffic for the purpose of a race or exhibition driving is also a class 1 misdemeanor.

Under Virginia Code § 46.2-865, it states:

A. As used in this article, unless the context requires a different meaning:

“Exhibition driving” means the intentional performance of any of the following in close proximity to a group of two or more people:

1. Maintaining a motor vehicle in a stationary position by using the brake pedal or parking brake of such vehicle while simultaneously engaging the gas pedal, causing one set of wheels to spin or lose contact with the pavement;

2. Operating a motor vehicle in an unnecessary manner that causes such vehicle to move in a manner inconsistent with the normal operation of such vehicle, such as zigzagging or spinning around in a circular pattern. “Exhibition driving” does not include operating a motor vehicle in an otherwise lawful manner and engaging in such described conduct as necessary to avoid collision, damage, or injury;

3. Operating one or more motor vehicles, for the purpose of exhibiting the speed or power of such vehicle or vehicles, from a designated starting point to a designated ending point or over a common selected course, including drag racing; or

4. Transporting a passenger on the hood or roof of the motor vehicle.

B. Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.

C. Any person who engages in exhibition driving on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth is guilty of reckless driving, unless authorized by the owner of the property or his agent.

D. Any person who purposefully rides as a passenger on the hood or roof during any race or exhibition driving in violation of subsection B or C is guilty of a Class 3 misdemeanor.

E. Any person who purposefully slows, stops, or impedes, or attempts to slow, stop, or impede, the movement of traffic, including pedestrian traffic, for the purpose of a race or exhibition driving in violation of subsection B or C is guilty of a Class 1 misdemeanor.

F. When any person is convicted of reckless driving under subsection B, in addition to any other penalties provided by law, the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.

G. When any person is convicted of an offense of reckless driving under subsection C, in addition to any other penalties provided by law, the driver’s license of such person shall be suspended by the court for a period of up to six months. In the case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.

With these changes, anyone convicted of exhibition driving is guilty of reckless driving. Just like racing is a type of reckless driving, exhibition driving is also a type of reckless driving. While a conviction for racing requires a license suspension of not less than six months nor more than two years, a conviction for exhibition driving carries a license suspension of up to six months.

Someone arrested for exhibition driving shall have their vehicle impounded or immobilized per Virginia Code Section § 46.2-867.1. The vehicle will be impounded for 20 days if the arrested person owns the vehicle. The officer must inform the arrested person of their rights and information on the impoundment, and the arrested person must pay all impoundment costs.

If you are facing a reckless driving charge for exhibition driving in Hampton Roads, Virginia, contact us to get more information on how to fight your case.

Call us at 757-DUI-HELP or use this link to schedule a free consultation today.