Virginia Criminal Defense

Virginia Criminal Defense Lawyer

Call For A Free Legal Consultation

(888) 205-9314

More on Virginia "Move Over" Law

As we’ve noted before, Virginia has a tough law that requires you to either slow down or move a lane to the left, when an emergency vehicle is parked in a breakdown lane with lights flashing.

Current reports indicate that many people are unaware of this law, or are not clear exactly what the criteria is, and how to correctly comply. And undoubtedly, most Virginians are unaware of how strict this law is enforce, and the serious penalties that can result from this criminal citation.

Failing to move over or slow down is a reckless driving offense under Virginia law (46.2-921.1). A reckless driving charge can result in up to a year in jail and a 6 months license suspension, as well as $2500 in fines and fees for this Class 1 Misdemeanor offense.

The law was passed as a way to increase the safely to police officers when they stop a vehicle in the breakdown lane. Under the statute, a driver must make a attempt to move over to a left lane on a 4 lane highway. If that is not possible for traffic or safety reasons, or if it is a 2 lane highway, the driver must slow down to a safe speed. However, it is not explicitly stated in the law how much the driver must slow down.

For this reason, police can cite you with this criminal citation even when you thought you were making your best effort to comply with the law. It is a subjective call, and that decision can be costly and affect your entire life.

Statistics cited indicate that 71% of citizens are unaware of the slow down/move over law.

If you’ve been charged with reckless under the “move over” law in Virginia, please contact our attorneys today for a free case evaluation. We’ll go over your options, and help you decide the best way to avoid the serious penalties associated with this criminal offense.

Reasons for a Reckless Driving Stop: Jealousy, or 105mph Speed?

I ran across an amusing post on a message board asking for help on a reckless driving ticket in VA.

Hey guys, I ran into some bullsh*t cops today on I95. I was apparently going 105mph in a 55mph zone. I think the cops were just jealous of my modded Honda Civic, so they decided to pull me over. It was total bullsh*t man. They’ve probably never even seen Fast & Furious. There was like nobody on the road, except the people behind me that I was passing. I am so pissed. They said it was reckless too!

What should I do? Hire a lawyer? Hire an attorney? Try to sue the cops for lying? It was really embarrassing to have to pull over for these idiots. It’s like they have nothing better to do. Should I just ignore it? What’s the worst that could happen? I don’t want to have to pay for this fine. If I ignore it will it just all go away? I just want to close my eyes and make it all go away….Please, anyone out there? Helloooooo?

Maybe this is a fake plea, but it is entirely plausible that there are people this young and ignorant on the roads.

It is amusing to think that someone might suspect “jealousy” as a motive for a police stop, over the less emotionally dramatic, but more practical possibility that the cops decided to pull him over because he has traveling 50mph OVER the posted speed limit.

For that kind of speed, it will likely take some fairly miraculous lawyering and judge on painkillers to keep him out of jail. Most of the time 90+mph is plenty for an invitation to be a guest of the Commonwealth for a few days, and over 100mph is asking for an extended stay.

And some Virginia judges are perfectly willing to require some jail time for ANY reckless driving charge of any speed.

For any criminal offense, it makes sense to consult with an experienced Virginia defense attorney. Just because the incident resulting in a traffic citation, and not an arrest on the spot, doesn’t make it any less serious. Reckess driving is a criminal offense, as serious as a DUI. Any Class 1 misdemeanor conviction is a serious black mark, resulting in a criminal record that can haunt you for years, and possibly the rest of your life.

So take advantage of a criminal defense case evaluation. Even talk to several different attorneys if you need to, in order to find the attorney who gives you the best advice, and really knows what he or she is talking about.

And, no, a criminal citation for reckless driving in Virginia will absolutely not “go away” if you ignore it. Be smart, and deal with something like this as quickly and aggressively as possible. Because there is often a lot you can do to help yourself and get charges significantly reduced.

Speeding & Reckless Driving Crackdowns in Virginia

One wonders what prompts news reports of enhanced enforcement of traffic violations and reckless driving laws in Virgina.

Is there any difference between enhanced enforcement and regular patrols? If so, what factors invoke the need for extra efforts in these safety enforcement operations that the Virginia state police is so fond of publicizing?

It is understandable that press releases make news, and may help drivers think twice about their careless driving, and the impact it will have.

But it is it just publicity, or are there actual extra patrols unleashed at certain times? Because the publicity effect and value is probably the same whether enforcement efforts are really any different.

Just an honest question.

But, from this news we did learn that:

  • On 1-64, the ratio of regular speeding tickets to criminal reckless driving citations is just under 7 to 1 (1700/251).
  • While on I-66, the speeding to reckless citation ratio is 5 1/2 to 1 (680/123).
  • Some small percentage of traffic stops result in felony drug charges.

What does it all mean? Does any of this really inform a driver’s behavior? Or is it column filling pseudo info for newspapers, and busywork for the state police public relations department.

—
If you are stopped for reckless driving or arrested and charged with a crime in Virginia, please contact our attorneys for a free case evaluation and consultation.

Reckless Driving Enforcement in Albermarle County

The Albemarle County Virginia sheriff has announced aggressive reckless driving enforcement and patrols along Seminole Trail (Route 29) in Albemarle County. Drivers along this road are said to routinely ignore posted speed limits of 45 miles per hour, and the number of incidents of traffic accidents is high.

Everyone is supportive of safer roads, but there are parts of this road where it is very easy to naturally gain speed. And given that speed limits along route 29 were recently lowered, there are going to be a lot of Virginia drivers just making an honest mistake who end up with a criminal reckless driving charge.

At the bottom of the article is a strange and possibly telling note: that police also intend to use these vehicle stops to check drivers and vehicles for “secondary violations”, which include seat belt violations, equipment problems, and as mention in the video, impaired driving, in addition to speeding or reckless driving by speed.

I wonder exactly what equipment violation would count as a secondary violation? Under the law, broken tail light or an expired inspection would be a valid primary reason for Virginia police to pull you over. So what else are they hunting for?

Given that reckless driving charges are a significant revenue source for the government, one has to be suspicious that these reckless driving enhanced enforcement patrols are at least partially influenced by a desire to pick up some extra money in a difficult economic environment. And that is a tough thing to do when Virginians, like all Americans, are struggling with their own family’s economic and job security.
—
If you are charged with the crime of reckless driving in Virginia, contact our attorneys for a free consultation. We’ll let you know how we can often get your charges reduced to a civil penalty, saving you thousands in fees and insurance costs, and keeping you from getting a permanent criminal record.

The consultation is free, with no further obligation.

Aggressive Reckless Driving Ticketing on Virginia’s U.S. 29 Bypass

Virginia police are providing fair warning about aggressive enforcement of driving laws on the U.S. 29 bypass in Amherst, VA. Police are issuing lots of speeding, traffic violation, and criminal reckless driving citations on this road, known for high speed aggressive drivers.

One common reckless driver profile is of students at Liberty University in Lynchburg, racing back to beat the midnight curfew. These students are often from out of state, and don’t consider how severe Virginia’s reckless driving penalties are.

This ignorance can easily lead to a couple of nights spent in a jail after a high speed reckless driving conviction, thanks to some tough Virginia judges.

Enforcement is going to be further increased as the Amherst County Sheriff’s Office adds new traffic enforcement units with high tech radar monitoring, and fast police vehicles to track down speeders. Specific areas to be patrolled include Virginia route 130 and U.S. 501 and US 60.

Many observers suspect that some of this stepped-up enforcement is partially due to a desire for the increased local revenue these expensive citations bring in, especially when most municipalities are experiencing budget shortfalls.

Regardless of the reasons, behind them, these aggressive patrols will likely continue, so it makes sense to slow down and be careful.

But if you do get busted for a criminal traffic citation, you’ll need the help of an experienced Virginia reckless driving defense lawyer.

Virginia Reckless Driving: Emergency Vehicle "Move Over Law"

You can be charged with reckless driving in Virginia for violating what is known as the “move-over law”. Under this little-known Virginia traffic law, you are required to move over one lane to the left if you are on a multiple lane highway, and there is an emergency vehicle (police, fire, ambulance) with lights flashing at the side of the road.

If for some reason you are unable to move over safely, or it is only a 2 lane road (one lane in each direction), the law requires to you slow down and proceed with caution.

The reason for this law is primarily the safety of police officers and other emergency safely workers. It is to ensure that they have enough safe distance to do their jobs safely while near from high speed traffic.

That is understandable and reasonable, but it is a simple fact that most Virginia drivers are unaware of this regulation, and of the seriousness of a criminal citation that can result. While being unaware of this requirement is no defense against the criminal charge of reckless driving, an experienced defense lawyer can often get the charge reduced to a non-criminal offense.

In any reckless driving case, the primary goal is to keep you from getting stuck with a criminal record. However, there are some Virginia judges who will insist on jail time for a reckless conviction, so a defense lawyer can be crucial to protecting you from extreme penalties.

In addition, getting your charge reduced can save you significant fines, and points on your driving record that can result in tremendous increases to your auto insurance rates. In most cases, hiring a defense lawyer and getting criminal traffic charges reduced more than pays for itself, just in the dollars the incident will cost you.

—
If you are facing a reckless driving charge, please contact us for a free consultation on what we can do to fight this criminal charge, and keep your record clean.