Va. Code § 46.2-829: Reckless by Passing an Emergency Vehicle
Passing a moving emergency vehicle with its lights or siren on is a form of reckless driving.
§ 46.2–829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way
Penalties for Fairfax Reckless Driving – Passing an Emergency Vehicle
- Class 1 misdemeanor (Criminal Conviction)
- 0 to 12 months in jail
- $0-$2,500 in fines
- 0-6 months loss of license
- 4 Va DMV demerit points
Defenses for Reckless Driving Passing an Emergency Vehicle
There are two main ways we prevent conviction for reckless driving for passing an emergency vehicle in Fairfax:
1) We attack the culpability. We try to show reasons why the driver does not deserve these harsh punishments and ask the court to reduce the charge to a less sever traffic ticket.
2) We attack the accuracy and admissibility of the police officer’s accusations. Often there is a question what the officer actually saw and when and if the officer did not see the incident, there is a question of who are the witnesses and how can they prove the have the correct driver.
For more information about reckless driving defenses, click here.
How to Prepare for a Reckless Driving – Passing an Emergency Vehicle
Some of the things we recommend drivers do, can include (click the links for more information):
- Taking a Driver Improvement Course
- Get a copy of the officer’s accident report (if there was an accident)
- Draw a diagram of where and what happened
- Writing a brief biography about yourself
- Writing a detailed incident summary about yourself
- Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving –Passing an Emergency Vehicle
In Fairfax, prosecutors will not negotiated with unrepresented defendants; however, your attorney might be able to get the reckless driving charge reduced from a criminal reckless driving charge to one of the following non criminal traffic tickets:
- Improper Driving
- Non Reckless 46.2-829
- Failure to Pay Full Time and Attention