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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia Reckless Driving/Speeding

Virginia's "Move Over Law" means just that.

If a highway motorist notices a Virginia State Trooper stopped on the shoulder, the driver must move one lane away from the incident. Two troopers last weekend in the Richmond area wished passing motorists would have followed the law. Both escaped injury but in each case, a motorist lost control of the vehicle, side-swiping the stopped vehicle and crashing into the guardrail.

Chesterfield County north of Colonial Heights was the scene of one incident. Sgt. D.Y. Wyatt had stopped the driver of a pickup and the driver of a car each for speeding. His unmarked car was parked between the two vehicles he had stopped.

As Wyatt was speaking with the car's driver, a 50-year-old woman driving in the right lane veered onto the shoulder and barely missed hitting the sergeant, sideswiping his cruiser. She then hit the pickup and guardrail. The woman was taken to Southside Regional Medical Center for treatment.

The second incident happened at the Dunbarton Road intersection in Henrico County. Senior state trooper S.L. Townes Jr. had stopped a motorist for speeding and was writing the ticket in his car. Just then, a 77-year-old man driving a camper towing a trailer sideswiped Townes' car and smashed into the guardrail.

Highway motorists in Virginia should remember that failure to heed Virginia's "Move over" law is a Class 1 misdemeanor, punishable by up to one year in jail and a $2,500 fine. The Virginia Code Section is 46.2-921.1 and it 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.