Failure to move left for an emergency vehicle

[b_talker]

What is the name of your state : VA

I received a ticket in VA for "failing to move left when approaching an emergency vehicle". I was driving below the speed limit when I saw two cop cars off to the side of the road and a private vehicle ahead of them. I asked my wife "Why does it take two cars to give a ticket?"

The road was not crowded and when I passed the cars, one of the patrol cars pulled out after me and told me I did not move to the left lane when passing his stopped car. I told him I was sorry and that while ignorance of the law is no excuse I had never heard of that.

He said it was passed last year and maybe my state MD did not have it but they were pressing hard now on this law. No one I know has ever heard about this law - but it does make sense.

I called the court and asked if I could just pay the fine and the clerk said I had to appear as it was a class a misdemeanor but she had never seen anyone given jail time . Wow ! This is serious. She could only say that she herself only learned about this law recently when someone came in to court.

Obviously the law is the law ; igonrance is no excuse; but somehow this seems so unfair.

Any thoughts on next steps. Is there any way to fight / appeal ?

 

[colourfastt]

What is the name of your state : VA

I received a ticket in VA for "failing to move left when approaching an emergency vehicle". I was driving below the speed limit when I saw two cop cars off to the side of the road and a private vehicle ahead of them. I asked my wife "Why does it take two cars to give a ticket?"

The road was not crowded and when I passed the cars, one of the patrol cars pulled out after me and told me I did not move to the left lane when passing his stopped car. I told him I was sorry and that while ignorance of the law is no excuse I had never heard of that.

He said it was passed last year and maybe my state MD did not have it but they were pressing hard now on this law. No one I know has ever heard about this law - but it does make sense.

I called the court and asked if I could just pay the fine and the clerk said I had to appear as it was a class a misdemeanor but she had never seen anyone given jail time . Wow ! This is serious. She could only say that she herself only learned about this law recently when someone came in to court.

Obviously the law is the law ; igonrance is no excuse; but somehow this seems so unfair.

Any thoughts on next steps. Is there any way to fight / appeal ?

There only 6 states that don't have a 'move over' law on the books, so I'd think it would be difficult not to be aware of it. Oddly enough, MD is one of those six.

 

[I_Got_Banned]

Obviously the law is the law ; igonrance is no excuse; but somehow this seems so unfair.

It might seem unfair to you however, it was also unfair to the 27 year old California Highway Patrolman who lost his life as he directed traffic away from an accident after an early morning accident when we had our first rain of the season this year. Some idiot rammed into him and within minutes, his wife became a widow and his 2 young kids (as well as a 3rd on the way) lost their father.

I commend you on your accepting guilt & agreeing that it is a good idea, even if you're still looking for a cheap way out.

My guess is an local attorney (local to the court where your case is pending) would be your best bet but then again, you might wanna do a search on here to see what outcome others have received. I do remember a couple of threads about this same topic. or wait for someone who's familiar with VA law to comment.

Good luck...

 

[I_Got_Banned]

There only 6 states that don't have a 'move over' law on the books, so I'd think it would be difficult not to be aware of it. Oddly enough, MD is one of those six.

I don't think California is one that has a law on the books as of yet...
Can you offer a link or a list of the states that do versus the ones that don't.
I'd appreciate it.

 

[VeronicaLodge]

my state has it (TN) and the only thing that annoys me about it is they will give you a ticket even if it is impossible to move over. so your options are to move over and cause an accident in the left lanes, drive slowly by and get a ticket, or come to a complete stop in the middle of traffic ???

 

[Zigner]

I don't think California is one that has a law on the books as of yet...
Can you offer a link or a list of the states that do versus the ones that don't.
I'd appreciate it.

CVC
21809. (a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, or a stationary tow truck that is displaying flashing amber
warning lights, shall approach with due caution and, before passing
in a lane immediately adjacent to the authorized emergency vehicle or
tow truck, absent any other direction by a peace officer, proceed to
do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle or tow truck with due
regard for safety and traffic conditions, if practicable and not
prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

 

[Zigner]

www.MoveOverAmerica.com

 

[I_Got_Banned]

CVC
21809. (a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, or a stationary tow truck that is displaying flashing amber
warning lights, shall approach with due caution and, before passing
in a lane immediately adjacent to the authorized emergency vehicle or
tow truck, absent any other direction by a peace officer, proceed to
do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle or tow truck with due
regard for safety and traffic conditions, if practicable and not
prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

CVC
21809. (a) A person driving a vehicle on a freeway approaching a
stationary authorized emergency vehicle that is displaying emergency
lights, or a stationary tow truck that is displaying flashing amber
warning lights, shall approach with due caution and, before passing
in a lane immediately adjacent to the authorized emergency vehicle or
tow truck, absent any other direction by a peace officer, proceed to
do one of the following:
(1) Make a lane change into an available lane not immediately
adjacent to the authorized emergency vehicle or tow truck with due
regard for safety and traffic conditions, if practicable and not
prohibited by law.
(2) If the maneuver described in paragraph (1) would be unsafe or
impracticable, slow to a reasonable and prudent speed that is safe
for existing weather, road, and vehicular or pedestrian traffic
conditions.
(b) A violation of subdivision (a) is an infraction, punishable by
a fine of not more than fifty dollars ($50).
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

www.MoveOverAmerica.com

WOW...

Where have I been?

 

[Dougthegreat]

WOW...

Where have I been?

In the right-hand lane, apparently