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Little Known Virginia Traffic Law Results in Criminal Convictions for Those that Fail to Change Lanes For Stopped Emergency Vehicles
July 12, 2009
Topic: Reckless Driving & Traffic
An obscure Virginia Code provisions (§46.2-921.1), not recognized even by many traffic attorneys, provides that drivers, upon approaching a stationary emergency vehicle that is displaying a flashing, blinking, or alternating emergency light, shall 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 the stationary emergency vehicle, or if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. What is most shocking about this code provision is that it is a Class 1 misdemeanor.
A Class 1 misdemeanor is not a traffic violation - it is a criminal offense. In fact, a Class 1 misdemeanor is the most serious misdemeanor offense in Virginia - it is the equivalent to an assault and battery or possession drugs with the intent to distribute. The next more serious offense level in the hierarchy of crimes would be a felony offense. A Class 1 misdemeanor is punishable by up to 12 months in jail, a fine of up to $2,500, and a license suspension of up to two years.
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