§ 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.
-Thats the applicable code section, and according to your desription of events you are in violation. This is a law that is gaining a lot of momentum in Va. in recent months. The courts are still unsure what the criteria is in determining guilt and the punishment. The questions facing the courts are a) was the officer outside the vehicle and even though the law doesnt stipulate that he must be, should that fact increase the punishment? b) when and who determines if an approaching vehicle should slow or change lanes? is it the officer descetion or should there be a general "rule of thumb" recognized?
What it all boils down to is this, go to court, plea not guilty and explain the circumstances fo the event. The judge will have the final say, but I haven't seen any outrageous penalities for this offense. Expect a $50-$150 fine, but unless you caused an accident or someone to be injured your license should not be suspended.