Driving in VA
Driving in VA
Sorry if this is a repost.
I just got this e mail from a friend and thought I would share.
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.
http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm
http://www.thenewspaper.com/news/20/2032.asp
http://www.carinsurance.com/kb/email....aspx?id=35685
I just got this e mail from a friend and thought I would share.
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.
http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm
http://www.thenewspaper.com/news/20/2032.asp
http://www.carinsurance.com/kb/email....aspx?id=35685
That was from my buddy, not me. I wish I could say I have not had a ticket in 10 years. lol
The thing that gets me if your driving in the slow lane approaching a vehicle pulled over or have flashing lights on (if you can't seem to get over to an open lane) are you supsto completely stop, wait for the lane beside you to be empty so you can merge over before passing the vehicle on the shoulder?
The thing that gets me if your driving in the slow lane approaching a vehicle pulled over or have flashing lights on (if you can't seem to get over to an open lane) are you supsto completely stop, wait for the lane beside you to be empty so you can merge over before passing the vehicle on the shoulder?
On that note: I was traveling on the toll road today and the road to Dulles was completely backed up because a trooper ran his car head on into a guardrail... yes.. no other cars were involved, just his car + guardrail and it was completely totaled LOL. I was like "there goes my tax payer dollars!" However, this law is BS. They SHOULD have made a new law where it states: "Troopers cannot jump in the middle of the street to flag someone down" rule. So they're going to penalize you for not merging over to the left lane.. but won't penalize THEM for jumping in the middle of the street? This state is a frikkin joke
On that note: I was traveling on the toll road today and the road to Dulles was completely backed up because a trooper ran his car head on into a guardrail... yes.. no other cars were involved, just his car + guardrail and it was completely totaled LOL. I was like "there goes my tax payer dollars!" However, this law is BS. They SHOULD have made a new law where it states: "Troopers cannot jump in the middle of the street to flag someone down" rule. So they're going to penalize you for not merging over to the left lane.. but won't penalize THEM for jumping in the middle of the street? This state is a frikkin joke
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Hire a lawyer and definitely fight the ticket. Cite that it was not safe to move over to the left lane because of the speeding car approaching from behind.
I did this, and drew-up a diagram to get out of a ticket but I was innocent, like you, anyways.
I did this, and drew-up a diagram to get out of a ticket but I was innocent, like you, anyways.
Based on the rest of this code, you actually DID do the right thing:
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.
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.
Registered User
Joined: Sep 2005
Posts: 706
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From: Richmond, VA missin cali :(
Yeah I would fight it. I would do 2 things, one get a digital camera reset the date to the day of the ticket and slap your spare tire on, take a pic. When you go to court tell them first that there was no oppurtunity to merge but you also had your spare on at the time(submit the pic) and it only should be driving at speeds maximum of 55mph and you felt the safiest route was to stayt in the lane and slowly pass safely. You can also say you werent aware of the law if you have out of state plates but tell them thats not an excuse, you were doing what you thought was safe. Just dont show that your giving excuses, emphasis you thought it was the safiest way to handle the situation and your sorry.
Regardless that law's pretty stooooopid! Like how much time do you really have to react to moving away from an emergency vehicle. Not to mention all the stupid traffic that it'd create from doing so. I hate the traffic law in VA... One more freaking month and I'm out of here.
Registered User
Joined: Jul 2008
Posts: 61
Likes: 0
From: Odenton, MD
That sucks! 2500 is ridiculous. Judge will probably dismiss it though. I dont think I know one person who enjoys driving in VA. VA is a 42,769 square mile speed trap!! When I do have to go to VA, I wait until I see "MD state line 1 mile" and so about 120 across!! Also if you all don't know, in VA anything over 80 MPH or 20 over, which ever comes first, is reckless driving. Even if the speed limit is 65 ad you do 81, to court you go. Damn commonwealth! Was it the end or begining of the month? 
This law does have merit although it IS very likely that it's being abused. The law is there to protect the officer from getting hit (which happens a lot more often then you think).
Scott is right though. If you couldn't get over, you're suppose to proceed with caution and slow down. If he doesn't have you clocked at a speed then you might have a chance to beat it in court
Scott is right though. If you couldn't get over, you're suppose to proceed with caution and slow down. If he doesn't have you clocked at a speed then you might have a chance to beat it in court
I'm all for slowing down or getting over one lane when passing someone on the sholder cause you never know if the door will open or what. But I didn't know there was a law for that and I know that cops can be a big pain in our a$$ sometime and I know it was made for their protection or anyone else that is on the side of the road but talk about getting bent over.
He has been talking to a laywer but you never know what the out come will be. As soon as I find out what happens I'll let everyone know.
He has been talking to a laywer but you never know what the out come will be. As soon as I find out what happens I'll let everyone know.