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Stopping on Highways: Va Code 46.2-888

Stopping on Highways: Va Code 46.2-888
In Virginia, stopping on a highway in a way that impedes traffic or is dangerous is illegal unless there is an emergency, an accident or a mechanical breakdown. If there is an emergency, accident or breakdown the driver must activate their hazard lights if the light are working.

Violating this law is a traffic ticket, though sometimes it is charged as a general reckless driving or aggressive driving in more serious cases.

46.2-888 (Stopping on a Highway) is a 3 point offense in Virginia.  Stopping on a Highway is pre-payable at $71 but may result in up to $312 of fines and court costs.

Stopping on Highways: Defenses
This offense can be hard to prove because an officer must prove that there was no emergency, accident or mechanical breakdown or that the hazard lights are working properly. Often this ticket is written after a stopped vehicle causes an accident. In that situation it is hard for the officer to arrive after-the-fact and to prove why the vehicle stopped and whether its hazard lights were working at the time.

If you receive a ticket for Stopping on a highway (Va code 46.2-888) you should consult an attorney IF:
•    The ticket involved an accident (prepaying the ticket may expose you to a law suit)
•    You have excessive demerit points
•    You are on any type of probation or control period.

Luke J. Nichols
The law firm of Nichols & Green pllc
(703) 383-9222

About Luke Nichols

Luke Nichols practices almost exclusively traffic law in Northern Virginia. His primary practice areas include reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. Mr. Nichols has represented hundreds of Virginia drivers. You can also connect with Luke on Google+
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