Virginia Failure to Keep Right When Crossing an Intersection: Fines, Points & What to Do
Get Your CertificateCited for not keeping to the right in an intersection or at a railroad crossing? Learn § 46.2-803 fines, the 4 DMV points, and your options.
Intersections are where Virginia drivers take shortcuts. A driver drifts across the center line to get around a car waiting to turn left. Another swings wide into the opposing half of the road to beat slow traffic through a light. Someone hops over the double yellow at a railroad crossing because the train gate just lifted and everyone is crawling. Each of these moves takes a second — and each can earn a ticket for failure to keep to the right when crossing an intersection.
It's a lesser-known violation, but it is not a minor one on your record. A conviction adds 4 demerit points, the same as running a red light. It also overlaps with one of Virginia's reckless driving statutes, so the way the officer writes it up matters a great deal.
Here's what Virginia Code § 46.2-803 says, what a conviction costs, how it affects your insurance, and what to do next.
What Is Failure to Keep Right in an Intersection in Virginia?
Virginia Code § 46.2-803 says that, except as otherwise provided by law, when crossing an intersection of highways or the point where a highway crosses a railroad right-of-way, the driver must drive on the right half of the roadway unless it is obstructed or impassable. The one built-in exception: you may overtake or pass another vehicle in an intersection only if that intersection is designated and marked as a passing zone.
Common ways drivers get cited include:
Crossing the center line in an intersection to go around a vehicle waiting to turn left
Passing another car inside an intersection on a two-lane road that isn't marked as a passing zone
Drifting into the oncoming half of the road while crossing railroad tracks to avoid rough pavement or a stopped vehicle
Cutting a corner so sharply on a turn that the vehicle crosses into opposing lanes in the middle of the intersection
This rule sits alongside two close cousins. § 46.2-802 requires you to drive on the right half of any highway of sufficient width, with a set $100 fine — see failure to drive on the right side. And § 46.2-807 requires vehicles passing through a circular intersection to stay to the right of the central island, which the DMV scores as "driving to the left of rotary traffic island" — covered in our Virginia roundabout rules guide.
Watch out: under § 46.2-858, passing another vehicle at a railroad grade crossing or at an intersection on a road without two or more lanes in each direction (and not marked as a passing zone) can be charged as reckless driving — a Class 1 misdemeanor with 6 points. A § 46.2-803 infraction is far better on your record.
Fines & DMV Demerit Points
Section 46.2-803 doesn't set its own penalty, so the general penalty in § 46.2-113 applies: a violation is a traffic infraction punishable by a fine of up to the Class 4 misdemeanor maximum.
Consequence | What the law provides |
|---|---|
Offense class | Traffic infraction (§ 46.2-803, § 46.2-113) |
Maximum fine | Up to $250, plus court costs |
DMV demerit points | 4 points (failure to keep to the right when crossing an intersection) |
Time on DMV record | 3 years from the conviction date; points count for 2 years from the offense date |
Related: railroad crossing | "Failure to keep to the right at a railroad crossing" — also 4 points |
Four points on its own won't trigger DMV action, but points accumulate. Two moderate tickets in a year can put an adult driver into advisory-letter territory — see the DMV advisory letter at 12 demerit points and how the Virginia demerit point system works.
How It Affects Your Car Insurance
Insurers treat a keep-right violation as a moving violation, and many weigh lane-position offenses heavily because they're associated with head-on and sideswipe crashes. A conviction can remove a good-driver discount at renewal or raise your premium for the period the conviction shows on your record.
The impact is bigger if the ticket followed a crash, if you're a young driver, or if you already have another moving violation. Keeping a clean record — or offsetting the points with a course — is the best way to limit the damage. Learn more in how Virginia traffic tickets affect insurance rates.
What to Do After a Keep-Right Ticket
Contest it if the facts are on your side. The statute excuses leaving the right half when the roadway is obstructed or impassable, and passing is allowed in an intersection marked as a passing zone. Photos of the intersection, the markings, or the obstruction can help. Read how to fight a Virginia traffic ticket.
Pay if you accept the outcome. Prepaying is a guilty plea and means a conviction with 4 points. If that's your choice, see how to pay a traffic ticket in Virginia.
Take the driver improvement course. A DMV-approved course completed voluntarily earns 5 safe-driving points, more than offsetting the 4 demerit points. Many judges also look favorably on a completion certificate presented at court.
Monitor your record. Once your case is resolved, pull your Virginia driving record to confirm the conviction, points, and course credit posted correctly.
Which ABC course code applies to you?
When you register, you'll pick a course code that matches why you're taking the driver improvement course. Choosing the right one makes sure your completion is reported correctly.
Code | Meaning |
|---|---|
DMV | DMV Assigned |
INS | Insurance Requirement |
VOL | Voluntary (Refresher) |
YCT | Court Assigned (Points) |
NCT | Court Assigned (No Points) |
Not sure which fits? If you're taking the course on your own to add safe-driving points or earn an insurance discount, choose VOL or INS. If a judge ordered it, choose YCT or NCT based on whether points are involved. If the DMV ordered it, choose DMV.
Frequently Asked Questions
Can I cross the center line to go around a car turning left in an intersection? Generally no. Under § 46.2-803 you must stay on the right half of the roadway while crossing an intersection unless it's obstructed or impassable, or the intersection is marked as a passing zone. Use a paved shoulder or bypass lane only where the law and markings permit it.
How many points is failure to keep right in an intersection? The Virginia DMV assigns 4 demerit points. The points count for two years from the offense date, and the conviction stays on your DMV record for three years.
Is this the same as reckless driving for passing at an intersection? No. Section 46.2-803 is a traffic infraction. Passing at an intersection or railroad crossing under the conditions in § 46.2-858 is reckless driving — a Class 1 misdemeanor worth 6 points. See passing at a railroad crossing or intersection.
Offset the Points Now
A keep-right ticket adds 4 points that can follow you to your insurance renewal. The ABC Driving Improvement course is 100% online, DMV-approved, and self-paced, adds 5 safe-driving points to your record, and can qualify you for an insurance discount that outlasts the ticket.
Enroll today for $74.99. The course is DMV-approved and protected by our 30-day money-back guarantee — there's nothing to lose by starting now.
Dismiss Your Ticket Online
Virginia DMV-approved 8-hour driver improvement clinic. Complete at your own pace from any device.
Start Course — $74.99Why Choose ABC Driving Improvement?
Official Virginia clinic
Complete at your own pace, 24/7
Virginia drivers served
Based on verified reviews
Va. Code § 46.2-803 requires drivers to stay on the right half of the roadway while crossing an intersection or railroad crossing; a violation is a traffic infraction (fine up to $250) that carries 4 DMV demerit points, which a DMV-approved course's 5 safe-driving points can offset.
Which Course Code Do You Need?
Check your court paperwork or DMV letter for your assigned code.
Get Your Certificate