Passing Emergency Vehicle

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

“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.”

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

Fairfax Reckless Driving Help