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
- 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
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.
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