Comments on: SLOW DOWN MOVE OVER LAW http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/ Thoughts on my lifetime experiences as a woman. Thu, 05 Nov 2009 21:35:35 +0000 http://wordpress.org/?v=1.5.1-alpha by: Josie http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-946 Wed, 12 Aug 2009 21:36:34 +0100 http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-946 Maybe if Governor Kaine gave more attention to what is going on in the state than his political career we'd find out about this! Maybe if Governor Kaine gave more attention to what is going on in the state than his political career we’d find out about this!

]]> by: Niki http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-935 Mon, 30 Mar 2009 09:55:27 +0100 http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-935 Hi Annie, Sorry I just checked back here and saw your post. It was a gruelling experience and there is no rhyme or reason on how the judges rule on this violation. I've collected data for the past 4 months from the Fairfax County Court dockets and found over 100 cases with the "Move Over for Emergency Vehicle Violation" and only about 4 were dismissed and the remainder were found guilty. The problem isn't so much being found guilty, but being charged with a class 1 misdemeanor which remains on your driving record indefinitely. The rulings I witnessed were all over the place. Some judges only assessed small fines like $50, so the poor defendant thought they were ok, but the charge was not reduced thus they get stuck with the class 1. Some defendants were charge $100 to $500. I have a friend who's an attorney and he went along with me. We talked to the prosecutor to reduce the charge to a non DMV violation which was Failure to pay attention which will not show on my driving record at all and no points were assessed. The fine was only $50. Since I had a good driving record +5 points and the prosecutor was in a good mood, he went along. You can take your chances and plead not guilty and say you couldn't move over or you did slow down, but inevitably the judge will believe the officer and more than likely find you guilty with a class 1 misdemeanor. According to my attorney friend and from what I've discovered, only the prosecutor can reduce the actual charge. Also, if you obtain an attorney, their fees are up to $1000. You may be able to negotiate with the prosecutor yourself. I know this all may sound really complicated, but feel free to email me if you have any questions at nfloyd@erols.com. Good Luck! Niki Hi Annie, Sorry I just checked back here and saw your post. It was a gruelling experience and there is no rhyme or reason on how the judges rule on this violation. I’ve collected data for the past 4 months from the Fairfax County Court dockets and found over 100 cases with the “Move Over for Emergency Vehicle Violation” and only about 4 were dismissed and the remainder were found guilty. The problem isn’t so much being found guilty, but being charged with a class 1 misdemeanor which remains on your driving record indefinitely.

The rulings I witnessed were all over the place. Some judges only assessed small fines like $50, so the poor defendant thought they were ok, but the charge was not reduced thus they get stuck with the class 1. Some defendants were charge $100 to $500. I have a friend who’s an attorney and he went along with me. We talked to the prosecutor to reduce the charge to a non DMV violation which was Failure to pay attention which will not show on my driving record at all and no points were assessed. The fine was only $50. Since I had a good driving record +5 points and the prosecutor was in a good mood, he went along.

You can take your chances and plead not guilty and say you couldn’t move over or you did slow down, but inevitably the judge will believe the officer and more than likely find you guilty with a class 1 misdemeanor. According to my attorney friend and from what I’ve discovered, only the prosecutor can reduce the actual charge. Also, if you obtain an attorney, their fees are up to $1000. You may be able to negotiate with the prosecutor yourself.

I know this all may sound really complicated, but feel free to email me if you have any questions at nfloyd@erols.com.

Good Luck!
Niki

]]> by: annie http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-934 Thu, 19 Mar 2009 18:30:27 +0000 http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-934 Hi Nikki, can you please let me know how your trial went? I just got slapped with the same citation and it scares me when I see that it is actually a crimial offense. Thanks a lot. Hi Nikki, can you please let me know how your trial went? I just got slapped with the same citation and it scares me when I see that it is actually a crimial offense. Thanks a lot.

]]> by: Niki http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-918 Wed, 10 Dec 2008 15:40:05 +0000 http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-918 Thank you for posting this email and for the response. Actually this was my original email which I sent to everyone I know and asked them to forward on to others. I'm glad it made it's way herer. My court date is in a couple of days and I do have an attorney. I was driving the speed limit (55) while everyone around me was doing anywhere from 65 to 80. I slowed down below the speed limit and although I didnt know it was an actual law to move over, I'll attempt to move away even when I see any cars or people on the shoulder just to be safe. But with all the cars flying by, I thought it safer to remain in my lane and slow down. I was shocked that I got a ticket instead of a warning. I now mention this law to everyone I come in contact with and no one is aware of it. And you're right the charge and potential fine is outrageous. Also, as far as I know there havent been any news media, announcements, promotions or mailings about this law in the No. VA area. I just noticed one newly errected Slow Down/Move Over sign on 495E near Van Dorn St. There are no others as far as I know, I've been driving checking for them. Thank you for posting this email and for the response. Actually this was my original email which I sent to everyone I know and asked them to forward on to others. I’m glad it made it’s way herer. My court date is in a couple of days and I do have an attorney. I was driving the speed limit (55) while everyone around me was doing anywhere from 65 to 80. I slowed down below the speed limit and although I didnt know it was an actual law to move over, I’ll attempt to move away even when I see any cars or people on the shoulder just to be safe. But with all the cars flying by, I thought it safer to remain in my lane and slow down. I was shocked that I got a ticket instead of a warning. I now mention this law to everyone I come in contact with and no one is aware of it. And you’re right the charge and potential fine is outrageous. Also, as far as I know there havent been any news media, announcements, promotions or mailings about this law in the No. VA area. I just noticed one newly errected Slow Down/Move Over sign on 495E near Van Dorn St. There are no others as far as I know, I’ve been driving checking for them.

]]> by: Mary Castello http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-915 Sun, 07 Dec 2008 12:38:32 +0000 http://neddy.blogsome.com/2008/10/22/slow-down-move-over-law/#comment-915 I have been doing this for years, without being told to do so; however, since this newest legislation passed in Virginia, I have noticed an abundance of traffic jams around the area of stopped emergency vehicles with flashing lights. But my biggest concern is the ambiguity of the wording of the Code. It does not define how much to slow down, only that if a driver is unable to change lanes, to "maintain a safe speed for highway conditions." Isn't that what a posted speed limit is? Thankfully, your column mentioned that other states require that the driver slow down at least 20 mph below the posted speed limit. When driving up and down I-95, it would be a big change for drivers to just slow down to the posted speed limit! But this ambiguity also allows the officers involved to make the call whether a driver has slowed down enough, and Virginia is WAY OUT OF LINE by penalizing drivers with a fine of $2500 and/or a year in jail, especially in this economy, along with their lack of notification to the general public about the new law, which in itself is tantamount to entrapment! I have not heard of a case in Virginia yet where the State Trooper gave out a warning, only that huge fine! I have been doing this for years, without being told to do so; however, since this newest legislation passed in Virginia, I have noticed an abundance of traffic jams around the area of stopped emergency vehicles with flashing lights. But my biggest concern is the ambiguity of the wording of the Code. It does not define how much to slow down, only that if a driver is unable to change lanes, to “maintain a safe speed for highway conditions.” Isn’t that what a posted speed limit is? Thankfully, your column mentioned that other states require that the driver slow down at least 20 mph below the posted speed limit. When driving up and down I-95, it would be a big change for drivers to just slow down to the posted speed limit! But this ambiguity also allows the officers involved to make the call whether a driver has slowed down enough, and Virginia is WAY OUT OF LINE by penalizing drivers with a fine of $2500 and/or a year in jail, especially in this economy, along with their lack of notification to the general public about the new law, which in itself is tantamount to entrapment! I have not heard of a case in Virginia yet where the State Trooper gave out a warning, only that huge fine!

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