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Case Results

Fail to Move Over as Reckless Driving reduced to No-Point Offense in Fairfax County

October 2023

Client was driving on Route 28 and there was a Fairfax County police officer and tow truck on the side of the road.  It appeared there had been an accident and the tow truck was getting ready to transport a vehicle from the area.  Client was unaware that Virginia Law requires citizens to move over when driving in the lane immediately next to either the shoulder or lane where a police officer has their emergency equipment activated.  There is an exception to this law if traffic is such that moving over would be dangerous (in most cases this means there's a vehicle immediately next to you so you can't switch lanes without crashing into them).

In this case our client was stopped and issued a citation for Failing to Yield to an Emergency Vehicle (Move Over) which is Reckless Driving in Virginia.  Our client had no idea this law existed.

Our client had a clean driving record and, at our direction, had taken a defensive driving course.  After speaking with the police officer it was clear our client was not speeding and did not come dangerously close to the officer or tow truck.  He had simply not switched lanes away from the scene.  Given these facts the Prosecutor agreed to lower the charge to reflect Failure to Pay Full Time and Attention under the Fairfax County Code.  This county ordinance is not reportable to the DMV and is an infraction.  As a result the client both avoided the original misdemeanor reckless driving charge and will having nothing on their driving record as a result of this case.

Practice area(s): Speeding / Traffic Ticket

Court: Fairfax County General District Court

Jeremy S. Letnick

Jeremy Letnick is in the courtroom daily. Raised by both an attorney and a Fairfax County Police Officer, Mr. Letnick has been exposed to the intricate workings of both sides of the legal system his entire life.  His focus is criminal law and traffic law.  As result, he has the distinction of regularly appearing in the courts of Northern Virginia and consistently appears in front of the Judges and routinely works with the Prosecutors and Police Officers.  He has handled thousands of cases ranging from simple speeding tickets to robbery and manslaughter charges.  Mr. Letnick's ultimate goal is to make the client's court experience as stress-free as possible while pursuing the client's objectives.  Mr. Letnick is a second-degree black belt and takes the respectful position that everyone should stand up for themselves in Court and in life. George Mason University, B.A. 2004Thomas M. Cooley School of Law, J.D. 2008Certificate of Merit “Book Award”:Trial SkillsAlternative Dispute ResolutionForensic ScienceFairfax Bar AssociationPrince William Bar Association

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