In 2019 Virginia created the Reckless Driving "Move Over Law." This statute made it unlawful to Fail to Yield to emergency vehicles displaying flashing lights. Police cars, firefighting trucks, animal control, park rangers, etc. are all included in the description of emergency vehicles.
The law, Virginia Code §46.2-861.1, is commonly charged when an officer has stopped a vehicle on the highway shoulder and vehicles in the adjacent lane do not "move over" into a lane away from the policeman. The law says that you must move over if reasonable for safety and road conditions. If you cannot move over for traffic and safety reasons, a driver must stay in the lane and maintain a safe speed. The law does not apply in highway work zones.
A violation of this law is a Class 1 misdemeanor in Virginia and carries a maximum punishment of up to 12 months in jail and/or a fine of up to $2,500.00. The individual's license to drive may be suspended for up to six months. The law was passed to protect police officers and emergency workers on the side of the road who are in danger of being injured or killed.
If property damage was caused during the incident, the court may suspend the license for a maximum of one year. If injury or death was caused, the court may suspend the driver's license for up to two years. It is a six point demerit conviction.
Non-Emergency Stationary Vehicles Displaying Hazard Lights
Another subsection of the law protects ordinary non-emergency vehicles displaying hazard lights on a highway or stopped on the side of the road with properly lit flares or torches. Drivers encountering these vehicles must also move over into an adjacent lane. If it is unreasonable or unsafe to do so, the driver must stay in the same lane and maintain a safe speed for road conditions. A violation of this section of the law is a simple traffic infraction punishable by only a fine. It is a three point demerit violation.
What Do I Do If I Receive This Type of Ticket
The law office recommends that all clients charged with this offense complete a driver improvement course approved for Virginia. This can be done online or in person. The course will provide a certificate of completion that may be used in court.
If the facts of the stop are very bad (I.e. an accident or hostile exchange with the officer), it is advisable to complete community service hours with a non-profit entity. Obtain a letter from the entity on their letterhead stating the number of hours completed. The client should also get a copy of their driving record before court.
Speak with a lawyer about your specific case. The lawyer can help tailor a strategy to prepare the case for court.
The penalties for these types of charges are very serious and can result in significant insurance increases. The emergency vehicle section of the law is a criminal misdemeanor. Because it is a fairly new law, many people do not realize the seriousness of the charge. If you have received this type of ticket, it is advisable to consult with an experienced attorney who knows how to handle these tickets. The law office, with 25 years of experience in Fairfax County, Loudoun County, Prince William County, Fauquier County and many other locations, has defended these tickets and is familiar with the courts and prosecutors. Contact the office at 703-352-9044 for a free consultation.