Can Virginia Issue a Speeding Ticket by Mail

**Bob2274** · 07-15-2011, 01:02 PM

Recently in Madison or Green county Virginia (not sure which), I drove through a construction site. The flagman stopped me and told me I was driving too fast and was going to report me to the state police. Can I receive any kind of a ticket by mail based on something like this? There was not a policemen present.

Bob

**Speedy Gonzalez** · 07-15-2011, 01:21 PM

Did you get a ticket? If not I wouldn't sweat it. The police have zero proof unless another officer witnessed it. The police generally cannot rely on a third party witness for something like this, because it becomes he said, she said.

**flyingron** · 07-15-2011, 02:25 PM

Yes you can very well get a ticket in the mail. There are a few places where people other than police can file binding complaints but I'm not sure this is one of them (the one that comes to mind is that school bus drivers can file complaints on those who pass stopped school buses). There's no requirement that the police witness ANY violation. They will have to subpoena a witness that actually observed the infraction.

Anyhow, I'd sit tight until you get something in the mail, if it ever happens.

**Speedy Gonzalez** · 07-16-2011, 11:46 AM

Quoting flyingron

Yes you can very well get a ticket in the mail. There are a few places where people other than police can file binding complaints but I'm not sure this is one of them (the one that comes to mind is that school bus drivers can file complaints on those who pass stopped school buses). There's no requirement that the police witness ANY violation. They will have to subpoena a witness that actually observed the infraction.

Anyhow, I'd sit tight until you get something in the mail, if it ever happens.

Straight from the Virginia State Patrol Website:

Under Virginia law, a police officer must witness a misdemeanor aggressive/reckless driving offense or has reasonable suspicion to stop a vehicle. You may need to give your name and additional information to a dispatcher in order for a law enforcement officer to take appropriate enforcement action if the law enforcement officer does not witness the driving behavior firsthand. If you are the only witness, any action taken against the driver of the other vehicle must be initiated by you. Taking this action would require that you secure a warrant for the person who committed the violation of Virginia’s traffic laws. In order to accomplish this, you must first be able to identify the driver of the other vehicle and be willing to testify in court regarding the violation.

Even if a citation is issued (which, at this point, is extremely unlikely to happen), the flag man who witnessed the alleged speeding must effect a citizen's arrest, and show up to court to testify. This type of situation should be rather easy to beat. I would think that establishing that the construction worker is not trained or certified to estimate speeds should be enough. The officer really has nothing to contribute in the way of evidence other than what the witness told him.