Practice Areas

Virginia has a little-known traffic law referred to as the "move over" law. Under this law, when there is an emergency vehicle stopped with its lights flashing you are required to either change lanes (on a four lane highway) or slow down (on a two lane highway). Failure to do so may result in reckless driving charges. This law is intended to keep emergency personal safe when they are attending to an emergency situation, but most Virginians are unaware of its existence.

Section 46.2-921.1 of the Code of Virginia

§ 46.2-921.1. Drivers to yield right-of-way or reduce speed when approaching stationary emergency vehicles on highways; penalties.

The driver of any motor vehicle, upon approaching a stationary emergency vehicle, as defined in § 46.2-920, that is displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022, 46.2-1023, and 46.2-1024, shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to that occupied by the stationary emergency vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Violation of any provision of this section shall constitute a Class 1 misdemeanor. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver's privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for not more than two years. If the violation resulted in the death of another person, the court may, in addition to any other penalty imposed, order the suspension of the driver's privilege to operate a motor vehicle for two years.

Ask an Attorney
Free Consultation

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions

FAQs

DUI, Traffic and Criminal Law Defense

View All

Practice Areas

Blog

DUI, Traffic and Criminal Law Defense

Firm News

Firm Library

DUI, Traffic and Criminal Law Defense

Virginia's Move Over/Slow Down law regarding emergency vehicles

Ask an AttorneyFree Consultation

FAQs

DUI, Traffic and Criminal Law Defense

Ask an Attorney
Free Consultation