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Improper Passing on the Right in Fairfax County

Improper Passing on the Right in Fairfax County

Fairfax County has a large population and a lot of traffic.  As a result, you cannot simply drive down the road and not be influenced by those around you.  Many vehicles are going slower than you are and you need to pass them.  It is illegal in Virginia to pass a vehicle on the right unless done under specific circumstances.  If one of the exceptions does not apply, a Fairfax County police officer or trooper will charged you with improper passing on the right.  Feel free to give us a call at 703-273-4100 or use the contact form below and we would be happy to speak with you.  We routinely handle cases in the Fairfax County General District Court, Fairfax City General District Court, Town of Vienna Court, and Town of Herndon Court.

You Can Pass on the Right in Fairfax County

Pursuant to § 46.2-841 of the Virginia Code, an individual can pass on the right if the other vehicle is either making or is about to make a left turn (with the required signal).  If there is no signal by the other driver and you pass on the right presuming they are turning left, this statute would be violated.

Additionally, if you're on a highway, you can pass on the right in Fairfax County if there are two more or more lines of moving vehicles in each direction provided there are no parked vehicles or any other obstructions.  The same goes if it is a one-way roadway provided there are two more more lines of moving vehicles.  It should be noted that the statute makes it illegal to pass someone on a paved shoulder unless there are lawfully placed signs.

Passing on the Right is a Moving Violation

Passing on the right is a 3 point offense.  As a result, a conviction will result in a 3 point loss of points on your driving record.  The charge will remain on your driving record for 3 years and then fall off.  Whether or not it affects your insurance rates will depend on your insurance companies policy.  However, as a moving violation, it is likely a conviction would result in a rate change.

How a Lawyer Can Help

We offer a free consultation to discuss your case.  While an improper passing on the right charge in Fairfax County is not a serious offense (such as reckless driving), there are things that can be done with the charge.  For example, if you have a good driving record, there is a good chance we can get the charge reduced to a no-point non-moving violation.  In certain cases, we may advise for you to take a driver improvement course.  If, however, the facts are somewhat aggravated, such as there's evidence of aggressive driving, we may recommend you simply prepay the ticket.  Each case is different and we recommend talking to a traffic attorney to ascertain whether we can help.

The truth about your case

We will not “sugar coat.” We will tell you exactly what you are facing and will give you the best and worst case scenarios. We are not here to scare you or to pull the wool over your eyes. We find many people calling us for a simple case where they have spoken to other lawyers and are now afraid. However, after speaking with those people and getting the facts, many times there is nothing to fear. We will tell you how things look and we will tell you the truth because we want happy clients. That’s you!

Letnick Law Office
(703) 273-4266 (fax)
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