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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.

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.

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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.