Va. Code » Title 46.2. Motor Vehicles » Subtitle III. Operation » Chapter 8. Regulation of Traffic » Article 2. Right-of-Way
Virginia Code

Va. Code Ann. § 46.2-823 (2026)

Unlawful speed forfeits right-of-way

✓ current as of May 2026
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The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have under this article.

Code 1950, § 46-238; 1952, c. 666; 1956, c. 533; 1958, c. 541, § 46.1-221; 1985, c. 218; 1989, c. 727.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2004–2024 · leading case: Hawthorne v. VanMarter, 692 S.E.2d 226 (Va. 2010).
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Hawthorne v. VanMarter, 692 S.E.2d 226 (Va. 2010). · cites it 2× “Guthrie contends that Instruction 3 misstated the law and permitted the jurors incorrectly to conclude that VanMarter lawfully could have exceeded the speed limit without activating his vehicle's emergency lights and sirens. Guthrie further argues that based on the evidence at…”
Rascher v. Friend, 689 S.E.2d 661 (Va. 2010). · cites it 2× “Moreover, Code § 46.2-823 provides that a person operating "any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have.”
Hall v. Johnson, 332 F. Supp. 2d 904 (E.D. Va. 2004). · cites it 3× “nia Supreme Court when petitioner asked counsel to raise the issue; (2) that Hall was denied due process and equal protection because the jury in his case was not instructed that parole was abolished in Virginia as mandated by the Virginia Supreme Court’s decision in Fishback ;…”
Sharon Elizabeth Furr v. Tamara Al-Saray (Va. Ct. App. 2023). · cites it 2× “And although Code § 46.2-823 provides that a driver “traveling at an unlawful speed shall forfeit any right-of-way which he might otherwise have,” appellee presented no evidence from which the jury could conclude that appellant was speeding, without relying on other unsupported…”
Dianna Drane v. Jessica Pantana (Va. Ct. App. 2024). · cites it 2× “” Code § 46.2-823. -7- responsibility” in reviewing a trial court’s decision on jury instructions “is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.”
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