"Slow Down Move Over" traffic violation - Please share your experience (Arlington: lawyer, law) - Northern Virginia - Virginia (VA) - City-Data Forum

anniesmom · 03-23-2009, 02:48 PM

I was wondering if how many of us know that there is a law called "Slow down or move over" in Virginia? http://www.vsp.state.va.us/SlowDownMoveOver_VAcode.shtm

I got pulled over two days ago for failing to move to the left lane when there was a police car on the right shoulder. It was 4AM, I was driving on East I-66 at Fairfax Drive. I set my cruise control to 55mph (speed limit). When I saw the police car, I hit the break to slow down significantly. It didn't occur to me that I needed to change lane. So I got the ticket and have to appear in court. After doing a little research, I find out that it is a Class 1 Misdemeanor charge with a $2,500 fine and up to a year in jail.

Common sense tells me that for this kind of charge, I should get a lawyer but I really can't afford one right now. On the other hand, English is not my first language so I may not know "the right thing" to say in court. Any advise? Anyone succesfully go to court without a lawyer for a similar offense and got the charge lessen? Please note that I'm a good driver: I've been driving for 15 years and have a very good driving record and I'm not trying to get out of the ticket. I just don't want to end up with a criminal record.

Thanks in advance.
Annie

ChristineVA · 03-23-2009, 02:59 PM

Yes, I knew that. I saw an e-mail VERY similar to this one a few months ago.

GreenGene · 03-23-2009, 03:05 PM

My understanding of the law is that you are supposed to move over (generally, move to the left, as most people are pulled over to the right) and proceed with caution. If traffic does not allow you to move over, you must slow down and proceed with caution.

I think the law has been on the books for a number of years (2001? 2002?), and the reasoning behind the law is simple - cops were being hit, and some were killed, by motorists driving by and getting too close to where they had someone pulled over.

I haven't had this situation come up since I retired, but when I was working and driving the HOV lanes on I-95, I often had to move over (when possible) or slow down for a cop with someone pulled off the road ... but I noticed on more than one occasion that not everyone complied with the law.

anniesmom · 03-23-2009, 03:19 PM

I do always slow down when I see a vehicle (not just emergency vehicles) on the shoulder. To me, it's just common courtesy. However, I was not aware that it's the LAW as well. In my defense, I did slow down significantly but I guess I got pulled over because there wasn't a lot of traffic at 4AM therefore the officer deemed that I should have been able to move over safely instead of just slowing down.

I have one question though, as I read the wording of the law more carefully, it says

"The driver of any motor vehicle, upon approaching a stationary emergency vehicle ...... shall (i) on a highway having at least four lanes , at least two of which are intended for traffic proceeding as the approaching vehicle..."

However, Interstate I-66 in Arlington, there are only two lanes of traffic. Does this mean the case doesn't apply to me?
Thanks

pcity · 03-23-2009, 04:05 PM

I66 has four lanes total, two of which were going your direction, so that law would still appear to apply.

tgbwc · 03-23-2009, 06:37 PM

Yep, already knew about that law.

dkf747 · 03-23-2009, 06:38 PM

I found out about that law the hard way (No, I didn't get a ticket). We were just about to pass a semi truck when it suddenly pulled in front of me, missing the front of our car by mere inches. It wasn't until we got passed the cop that I knew he was there. I later learned that the law says you havve to move over, IF safe to do so. The truck driver just forgot about the "IF safe to do so" part. Luckily, we had good brakes and were paying attention.

SteelCityRising · 03-23-2009, 09:36 PM

Pennsylvania has a similar law, and drivers up here are very, very respectful of it. The other morning during my busy rush-hour commute to Wilkes-Barre, PA on I-81 all but one vehicle out of the several in front of and behind me moved to the left lane and went back into the right lane once they had passed a police officer who had pulled someone over along the right shoulder. I had a scary experience once when I broke down along I-81 and was in front of my car along the shoulder looking under the hood when a truck got a little "too close for comfort." My car rocked a bit as he went by, and I narrowly avoided being hit by a rock that was kicked up by the big rig. Now I ALWAYS move over, no matter what, even if I have to adjust my speed accordingly to be accepted into a gap in traffic in the left-hand lane.

Bigfoot424 · 03-24-2009, 12:39 AM

This law has been in different media forms over the last several months. As far as the large fines and jail time the judges are not handing down large fines or jail time unless there is something serious about the case. I really don't have much sympathy for you as it should be common sense to move over. As a retired 30 year cop there was nothing worse then being on the side of the road on a traffic stop or stranded motorist only to have vehicles travelling by within inches of you. Too many emergency workers are seriously hurt or killed every year by drivers failing to move over.

There are actually truck drivers who like to play games with officers on the side of the road by seeing if they can blow the hats off the officers by driving real close to them. This law now allows some serious penalties for stunts like these.

anniesmom · 03-24-2009, 11:15 AM

Well, as I said, I am really not trying to get out of or fight the ticket. I was my fault, totally. I didn't know the law and ignorance of the law is not an excuse. I merely complained about the harsh penalties and how a lot of people are still unaware of the law (research shows that about 71% are unaware of it). Hopefully, a few more people will know after reading my post.