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