Slow Down/Move Over Law In Virginia

VIRGINIA LAW 46.2-921.1 - SLOW DOWN/MOVE OVER LAW

Are you aware that in Virginia that there is a law that states that drivers must yield the right of way or reduce their speed when approaching stationary emergency vehicles on the highway. In Virginia, this is called the slow down/move over law. Virginia code section 46.2-921.1 is the statute that codifies the slow down/move over law.

§ 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.

A class 1 misdemeanor in Virginia has a maximum penalty of 12 months in jail, and or a fine of $2500. This is not a prepayable offense. You must go to court.

The SRIS, P.C. misdemeanor defense lawyers regularly defend clients charged with 46.2-921.1

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