Going to court sounds better than simply paying the ticket. This move over law, while I can see why it is needed, has some flaws and should not be a Class 1 misdemeanor.
Apparently the Virginia law was changed in 2010 so it is even more confusing. We should all be changing lanes and moving over for "most vehicles on the side of the road with illuminated red, blue, or amber lights"
Info from an attorney's site:
http://www.andrewflusche.com/blog/move-over-or-slow-down-failure-to-yield-to-vehicles/
Virginia’s relatively new “move over law” (46.2-921.1) was changed significantly in 2010. Even before the changes, people were confused about what the law requires. Here’s an explanation of the law and its punishments.
In brief
You may have heard the law described as “move over or slow down” for emergency vehicles. That’s a crude summary that isn’t accurate, especially in light of the recent changes. Primarily, the law now applies to most vehicles on the side of the road with illuminated red, blue, or amber lights.
The safe rule if you see a vehicle on the side of the road with those lights is to change lanes to provide an open lane next to that vehicle.
The actual law
The move over law is codified in Virginia Code 46.2-921.1. The key language that describes the violation is in subsection A:
The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subdivision A 1 or A 2 of § 46.2-1025 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.
What does all that mean? Let’s break it down. The basic required elements of the offense are (keep in mind this is a summary only):
A person driving a motor vehicle
Approaching a
Stationary vehicle of certain types:
Law enforcement, Virginia National Guard, etc (46.2-1022)
Fire truck, ambulance, game warden, etc (46.2-1023)
A private vehicle owned by a fireman, rescue squad volunteer, or police chaplain (46.2-1024)
Tow truck or maintenance vehicle (46.2-1025(A)(1))
Highway or utility construction vehicle (46.2-1025(A)(2))
That is displaying flashing, blinking, or alternating red, blue, or amber lights
If you’re driving along and see one of those vehicles displaying the appropriate lights, you need to take action. But what action? That comes next.
The law has two different requirements. The first one only applies on highways with at least two lanes traveling in each direction. In that case, you must “proceed with caution.” And only “if reasonable,” considering safety and traffic conditions, you must change lanes away from the stationary vehicle.
The second requirement applies to all drivers, including people on four-lane highways. Everyone must “proceed with due caution” and keep a safe speed considering the highway conditions.
Notice that the law doesn’t actually say “slow down.” And not everyone has to move over. But the safe rule is to move over if possible. If you can’t do that, slow down a bit.