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  1. #1
    Join Date
    Aug 2011
    Posts
    4

    Default Fail to Obey Highway Sign (55mph), Virginia Code Sec. 46.2-830

    My question involves a traffic ticket from the state of: VA

    I was driving with a co-worker on RT.267 Toll road heading west towards Reston, VA. In my attempt to switch lanes take the exist to Reston, I allegedly passed a marked police vehicle which he subsequently pulled me over. I didn't admit guilt because I also didn't know why i was pulled over.

    The cop claimed that he was driving at a "reasonable" speed when I passed him. He admitted not clocking me speeding or using a device. I was following the flow of traffic and didn't switch lanes erratically. Since he couldn't prove I was speeding, he gave me a ticket anyway "ignoring a high way sign" When I asked what that was, he said "you clearly passed me thus ignoring the highway sign of 55mph"

    Frankly, I feel that he just wanted to give me a ticket and that he has no merit charging me with that offense. I also have clean driving record for 12 years, and I was driving a loaner car from the dealer at the time.

    I want to fight this in court mainly on principal, not $$ or points. I feel this cop abused the fact that he can write ticket and has no to prove I broke the law. I want to fight this in court but I also want to have a chance to get it dismissed on either factual or technical basis.

    Please help me fight this police abuse.

    Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Section 46.2-830 Fail to Obey Highway Sign (55mph)

    The proof is that you past him at a speed greater than 55MPH based on his observation of his own speed.
    You will not win this in court.
    You can try asking for mitigation (some GDC judges will waive the fine if you have a good record or let you defer to traffic school).

  3. #3
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Section 46.2-830 Fail to Obey Highway Sign (55mph)

    How can i ask politely for mitigation? Do I plead guilty with explanation?

    Thanks.

  4. #4
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Section 46.2-830 Fail to Obey Highway Sign (55mph)

    Any takers? My day in court is tomorrow.

    Thanks

  5. #5
    Join Date
    Aug 2011
    Posts
    4

    Default Follow Up on an Existing Ticket (Speeding That Was Consider Ignoring a Hwy Sign)

    My question involves a traffic ticket from the state of: VA

    My original link is: http://www.expertlaw.com/forums/show...=126714&page=1

    I really need to know how to handle the discussion tomorrow. The gentleman that responded said that it's the officer's word against mine, but I still feel he has no way to prove I was speeding and I have no way to prove I wasn't since I was driving with traffic.

    I have a spotless record and I'd hate to get the 3 demerit points and the fine. What is the best way to mitigate this? Verbatim please. I wouldn't mind paying for it, but I would like to not get the 3 points.

    Also, when asked tomorrow, should I plead not guilty, or guilty with explanation?

    Thanks.

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