*EDIT* Anyone know if this is true? (This did not happen to me)

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Old 11-05-2008, 07:33 AM
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Default *EDIT* Anyone know if this is true? (This did not happen to me)

Hi All,

In case you are not aware, as I was not, about a relatively new law in VA, I wanted to give all of you a heads up because of a traffic citation I received Sunday morning. As I was traveling in the right lane on the Dulles Toll Rd to the airport, I came upon a stopped state trooper on the right shoulder who had stopped a vehicle; he was pulled all the way over on shoulder. I was driving the speed limit and remained in my lane and even slowed down; there was a speeding car that passed in the left lane, thus I stayed in my lane. The next thing I know, the trooper is behind us with his lights flashing and I thought he was going to go after the speeding car, but instead he pulled
me over.

The first thing the officer said was that I was not speeding, but the reason he pulled me over was because I was supposed to move over to the left lane prior to passing a stopped emergency vehicle. I told him I wasn't aware of the law and he said he had just gotten hit the previous day by someone who hadn't moved over. I thought he would give me a warning since I wasn't aware of the law and was driving responsibly and haven't gotten a ticket in over 10 years, but he gave me a summons where I have to appear in court. This is a class 1 misdemeanor violation which can result up to $2500 in fines and up to 1 year in jail. I've included links regarding the law, which of course I found after the fact, so you are all aware.

REFERENCES
http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm
http://www.thenewspaper.com/news/20/2032.asp
http://www.carinsurance.com/kb/emailarticle.aspx?id=35685
Old 11-05-2008, 07:36 AM
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Default Yes it is true.

When I moved from Indy, I checked the state laws and found out about this.

I actually turn on my lights, slow down, and move to the left lane when it is safe to do so.

Guilty, with an explanation should reduce your fine and get you on your way without any points.
Old 11-05-2008, 07:50 AM
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I wasn't aware but try to do this anyway when possible. Sorry to hear
Old 11-05-2008, 07:52 AM
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Default Is that your personal experience or did you copy and paste someone else's post? In any event, I

didn't know about that, but thanks for making us aware of it!

Does that apply only to official vehicles, or any (including private) vehicles that are stopped?
Old 11-05-2008, 08:29 AM
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Default So if you explain that you wanted to get over but...

the car passing you prevented you from moving over? I can't believe the court would make it stick if you explain that you took the safest course of action possible.

"proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change"

"if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions."

The full law:

Section 46.2-921.1 of the Code of Virginia states:

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.
Old 11-05-2008, 08:33 AM
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Got it in a chain email. But yeah, I had no idea.
Old 11-05-2008, 09:13 AM
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Default He got hit the day before but was on duty?

I always try to move over, just in case...but making a law out of it is nuts.

F*ckin Virginia.
Old 11-05-2008, 09:27 AM
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No clue but if he got hit they must have been going really slow.
Old 11-05-2008, 09:54 AM
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Default That's actually a good law. I always move over if possible.

Hopefully you get everything sorted out though
Old 11-05-2008, 10:49 AM
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It didn't happen to Carey, just someone we know...


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