Drivers regularly perform the common maneuver of backing up a motor vehicle. However, most states, including Virginia, have specific laws that define improperly backing up. Understanding these laws can help to avoid fines and other legal consequences. Receiving a traffic ticket can have a negative impact on a driver’s record. In addition to the immediate expense of the fine and potential court costs, one consequence of violating traffic laws is increased car insurance premiums. Because these expenses can be long lasting, many drivers attempt to keep tickets off their records by fighting the tickets rather than just paying them. If you have received a ticket for improper backing in Virginia, consider contacting an experienced traffic defense lawyer at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.
What Is Improper Backing?
According to the Code of Virginia § 46.2-848, a driver who wishes to turn, partly turn, back up, or stop must first make sure that his or her vehicle can be moved safely without interfering with other traffic. The driver must also use the correct signal, either electronic or hand, to let other drivers know the intended move. The driver can use the left turn signal to indicate backing to the left and the right turn signal to indicate backing to the right. Improper backing includes failing to ensure that the movement will be safe, failing to signal properly, and moving a vehicle in reverse along a controlled-access highway, on the shoulder or the roadway.
One common violation drivers make when backing up is failing to yield to oncoming traffic. Failure to yield the right-of-way to pedestrians, bicyclists, and other vehicles when reversing can result in a fine. Another violation is driving in reverse for an extended period, especially in congested areas or on busy roads. Virginia law prohibits drivers from obstructing traffic by unnecessarily backing up for an extended period. This violation may also result in fines.
What Is the Fine for Improper Backing in Virginia?
Fines for improper backing up violations, which can range from $20 to $250, may vary due to the circumstances and location of the incident. Points will generally be added to the driver’s record, and an accumulation of points can lead to increased car insurance premiums and potential license suspension. To avoid fines for these moving violations, drivers should always be aware of their surroundings and Virginia’s backing up laws when driving in reverse.
According to the Uniform Fine Schedule published by the Supreme Court of Virginia, an improper backing charge in the Commonwealth of Virginia may involve a fine of $30 for failing to check that the move could be done safely. Failing to give the required signal can mean another fine of $30. Both fines come with a $51 processing fee for a total of $81. Additionally, if improper backing causes an accident or injury, the driver may face further legal consequences.
How Long Does Improper Backing Stay on Your Record in Virginia?
Improper backing is a four-point violation. According to the Virginia Department of Motor Vehicles (DMV), an improper backing violation will stay on a driver’s record for three years. If additional violations accumulate during that time, the driver may face suspension of his or her license. In addition, the driver’s car insurance premium may be affected until the points are removed.
Defenses Against Improper Backing Up Tickets
Drivers who receive tickets for improper backing in Virginia have the option to defend themselves against the charges. Several defenses may be available to potentially reduce or dismiss the ticket. One defense is to offer proof that the driver exercised reasonable caution when backing up. The court may accept any of the following evidence:
- Witness statements
- Footage from security cameras or dash cams
- A demonstration that the driver properly used mirrors to check for oncoming traffic before reversing
Another defense drivers may be able to use is a challenge of the ticket’s accuracy. Upon examination, tickets with any errors or inconsistencies in the details may invalidate the charges. A traffic defense attorney from Driving Defense Law may be able to help determine whether to challenge an improper backing up ticket and develop a defense strategy based on the situation.
Tips for Backing Up Safely
To avoid legal implications from receiving an improper backing up ticket, as well as to ensure safety for yourself and others on the road, it is important to follow the relevant traffic laws. These tips can help you back up safely:
- Use your mirrors: Before driving in reverse, check the rearview mirror and side mirrors to ensure that no obstacles or oncoming vehicles will block your path
- Look over your shoulder: Mirrors are helpful, but it is important to physically turn and look over your shoulder to check that any blind spots are also clear
- Go slow: When reversing a vehicle, use a slow and controlled speed, especially where there is limited visibility or high pedestrian traffic
- Use a spotter: If possible, have someone to act as a guide outside the vehicle while you back up. This person can help with navigating tight spaces and potential hazards
- Be aware of your surroundings: Always yield the right-of-way to pedestrians, bicyclists, and other vehicles as required by law. Paying careful attention to your surroundings at all times will help to avoid accidents or traffic offenses
Contact a Virginia Traffic Law Attorney for Help Today
Improperly backing up a vehicle can have serious legal implications in most states. Drivers should have a clear understanding of the laws and regulations and the potential fines and consequences associated with this type of traffic violation. To avoid fines and other legal problems, exercise caution when reversing your vehicle and follow the relevant traffic laws. In this manner, you can ensure your own safety as well as that of your passengers and others on the road. Remember to take the time to back up safely to avoid the potential legal and financial consequences of improper backing up. If you or a loved one has been given a ticket for improper backing or another driving offense, consider contacting an experienced Virginia traffic defense lawyer at Driving Defense Law by calling (757) 929-0335 to schedule a consultation.
