Overtaking or Passing Emergency Vehicle in Virginia
May 10, 2017 by Jean Humbrecht
Overtaking or passing an emergency vehicle in Virginia is a form of reckless driving and is a CRIME-not a traffic infraction. The crime of Overtaking or Passing Emergency Vehicle in Virginia is charged under Va. Code §46.2-829.
What Must A Driver Do When An Emergency Vehicle is Approaching?
An Overtaking or Passing Emergency Vehicle Charge in Virginia is A Form of Reckless Driving and is a Crime
Virginia drivers are required to move out of the way when an emergency vehicle is approaching with an audible siren and flashing lights. Specifically, a driver must:
- drive to the edge of the roadway
- clear of any intersection of highways
- as quickly as traffic and highway conditions permit
- stop and remain there (unless otherwise directed by a law enforcement officer)
- until the emergency vehicle has passed
If a driver fails to move over for a moving emergency vehicle, he has committed a traffic infraction. If he also overtakes or passes a moving emergency vehicle with it’s lights and siren on, he has committed the crime of reckless driving under Va. Code §46.2-829.
Proof of Overtaking or Passing Emergency Vehicle in Virginia
To convict an offender of Overtaking or Passing Emergency Vehicle in Virginia under Va. Code §46.2-829 , the Commonwealth must prove that the offender:
- overtook or passed
- a moving emergency vehicle
- giving an audible signal and displaying activated warning lights
Penalty for Overtaking or Passing Emergency Vehicle in Virginia
Because the charge Overtaking and Passing Emergency Vehicle in Virginia is a form of reckless driving, it is punished the same way. A driver convicted of Overtaking or Passing an Emergency Vehicle in Virginia faces up to 12 months in jail, a fine up to $2500, driver’s license suspension, 6 DMV demerit points, and possible enrollment in the Virginia Alcohol Safety Action program (ASAP) if the court thinks the driving was drug or alcohol-related.
Additionally, there will be a mandatory minimum fine of $250 if the driver was texting while driving and is convicted of reckless driving in Virginia under Va. Code §46.2-829.
Most importantly, since reckless driving is a crime in Virginia, a conviction for Overtaking and Passing Emergency Vehicle in Virginia under Va. Code §46.2-829 will remain on the driver’s permanent criminal record and cannot be expunged.
Can Overtaking or Passing Emergency Vehicle in Virginia under Va. Code §46.2-829 Ever Be A Felony?
Overtaking or Passing an Emergency Vehicle in Virginia is usually charged as a Class 1 misdemeanor, but can be a felony in some instances. If the driver’s license was suspended or revoked as a result of a moving violation and his reckless driving caused the death of another person, he will be charged with felony reckless driving. Felony reckless driving in Virginia is a Class 6 felony, punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year.
Overtaking and Passing Emergency Vehicle in Virginia: Statute
§46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way.
Upon the approach of any emergency vehicle as defined in §46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in §§46.2-1022 through 46.2-1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.
Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in §46.2-868.
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