"Slow Down Move Over" traffic violation - Please share your experience (to move, design)

[Poopy00]

Interesting. I know about the slowing down part (someone posting here about an accident in the ice and then getting ticketed) but not the moving over part.

[Bigfoot424]

Originally Posted by anniesmom

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.

I'm contending that it shouldn't matter if it's law or not or whether you've heard about the law or not, you should, out of courtesy, move over for any emergency vehicle on the roadside. A lawmaker shouldn't have to legislate common sense but it turns out they have. That said, you could potentially face a good size fine but I would imagine it won't be bad unless you have a poor record.

[DC_Titan]

A lot of the reckless driving charges in VA are used as a method to scare the crap out of first time offenders (unless you did something incredibly stupid) & to punish (harshly) those that didn't learn their lesson.

Now it sounds like you have no choice but to attend Court (most class 1 misdemeanors you do, such as reckless driving). Go to the DMV, get a copy of your good driving record (you do have a good driving record I hope) and chances are the Assistant District Attorney / Judge will knock down the charge to a lesser charge. All you need to do is tell the Judge is what you told us (you slowed down for the officer but you didn't know you had to shift over, especially if you had lived in a previous State where it was no required), that you are sorry and should have automatically moved over for the officer, that you have a good driving record and it won't happen again. 9X out of 10 they will at least knock down the charge to a regular speeding ticket (which in itself isn't cheap).

[Bigfoot424]

Originally Posted by DC_Titan

A lot of the reckless driving charges in VA are used as a method to scare the crap out of first time offenders (unless you did something incredibly stupid) & to punish (harshly) those that didn't learn their lesson.

Now it sounds like you have no choice but to attend Court (most class 1 misdemeanors you do, such as reckless driving). Go to the DMV, get a copy of your good driving record (you do have a good driving record I hope) and chances are the Assistant District Attorney / Judge will knock down the charge to a lesser charge. All you need to do is tell the Judge is what you told us (you slowed down for the officer but you didn't know you had to shift over, especially if you had lived in a previous State where it was no required), that you are sorry and should have automatically moved over for the officer, that you have a good driving record and it won't happen again. 9X out of 10 they will at least knock down the charge to a regular speeding ticket (which in itself isn't cheap).

Not bad advice but it may be reduced to an improper driver charge VS speeding.

[anniesmom]

Okay, so here's an update on my situation:

I went to court a few days ago. The judge looked at the charge for several minutes and asked the officer "what are you charging her with?". The officer explained then the judge asked him for the law's section code and then read it for several minutes.

He then found me guilty for not moving over and fined me $30. I explicitly asked him about the misdemeanor charge and he assured me that this was just a "traffic offense", not a "criminal" one. On the official paper work that they gave me after I paid the fine, it said "DMV: NOT SENT" .

However, today when I went to the Arlington court website to check the status of my case, it showed "Charge type: class 1 misdemeanor Disposition: guilty". How or who should I contact to get this corrected? The judge clearly told me twice when I asked that it was just a traffic offense. I'm a defense contractor and I'm really worried about this because my clearance is expiring soon.

Can anybody help?
Thanks

[fdeitz]

Don't know about getting the charge removed, but if you clearance comes up for review, I'd put in detail explaining this particular "misdemeanor" as exactly what it is - failure to move over for emergency vehicle or whatever the exact description is. No one is going to lose a security clearance over something like that, as opposed to other more serious misdemeanors, if indeed this is even really a misdemeanor. Worst thing to do is try to hide it, if it is truly on your record.

[nwlv]

I would give the apes at the Arlington Courthouse a call.

[terrence81]

I knew about the law. There is a sign on 66 as you're leaving DC however it wouldn't hurt if there were more. That happened to me in Georgia. I didn't know about the law at the time. The fine was nearly $400! So yeah I think the whole thing stinks! At least your fine was $30. They definitely shouldn't have put criminal charges against you Annie. I'm sure if you explain what happened your clearance will be fine. I hope everything works out.

[Bigfoot424]

Originally Posted by terrence81

I knew about the law. There is a sign on 66 as you're leaving DC however it wouldn't hurt if there were more. That happened to me in Georgia. I didn't know about the law at the time. The fine was nearly $400! So yeah I think the whole thing stinks! At least your fine was $30. They definitely shouldn't have put criminal charges against you Annie. I'm sure if you explain what happened your clearance will be fine. I hope everything works out.

I have to ask. Why are signs necessary in a case like this? Common sense should tell everyone to MOVE over for emergency vehicles along a highway when possible. If you can't move over then you slow down. Stand alongside I 95 one day with traffic flying by at 75 MPH and see how you feel. Do it on a daily basis dealing with accidents, drunks, and everything else and you'll see how your life is flying by with every passing vehicle. No sympathy here.

[anniesmom]

Bigfoot424, no one asking for your sympathy here. I violated the law, I paid my debt. I just think that class 1 misdemeanor charge is very harsh in this case. Why can't it be a regular traffic offense? I will be writing to the VA congressmen for sure.

Thanks for the advise about the clearance process everyone.