Failure to Signal

[movistar]

I just got pulled over and got a ticket for " failure to signal"
When I was first pulled over the officer asked me alot of questions and said that I was in a drug traffic area. He stopped me over a mile from where he said I made the violation. There were no other cars around except him. He pulled me over simply because of the neighorhood I was in, but instead of letting me go on my way because I didn't buy or have drugs he gives me this ticket. I don't think its fair that I got this ticket, I did that was in anyway unsafe. Its possible I didn't signal but there was no one around to see the signal. How can I beat him in court? Thanks

[cdwjava]

He pulled me over simply because of the neighorhood I was in,

I thought you said he pulled you over for failing to signal?

The underlying reason may have been because you were in a neighborhood known for certain types of criminal activity, but that does not make the stop invalid so long as he had good cause to make the stop.

I don't think its fair that I got this ticket, I did that was in anyway unsafe. Its possible I didn't signal but there was no one around to see the signal. How can I beat him in court? Thanks

You go to court and argue that no one was harmed by your failure to signal, and you hope that the presence of other vehicles is NOT an element of the offense charged.

What was the code section of the offense you were charged with? (numbers, please)

- Carl

[movistar]

I thought you said he pulled you over for failing to signal?

The underlying reason may have been because you were in a neighborhood known for certain types of criminal activity, but that does not make the stop invalid so long as he had good cause to make the stop.
I read something on another case where suspects were stopped for the same reason, but really suspected of having drugs. After a search they did find drugs, but in court the suspects argued that the stop was not justified because the didn't have probable cause to be pulled over,


You go to court and argue that no one was harmed by your failure to signal, and you hope that the presence of other vehicles is NOT an element of the offense charged.

What was the code section of the offense you were charged with? (numbers, please)
I will supply the number when I get home, thanks for the response.
- Carl

I will supply the number when I get home, thanks for the response.

[movistar]

The code section it 46.2-849 Virginia

[aaron]

Here you go:

A. Signals required by § 46.2-848 shall be given by means of the hand and arm or by some mechanical or electrical device approved by the Superintendent, in the manner specified in this section. Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop, turn, or partly turn by extending the hand and arm beyond the left side of the vehicle in the manner following:

1. For left turn or to pull to the left, the arm shall be extended in a horizontal position straight from and level with the shoulder;

2. For right turn or to pull to the right, the arm shall be extended upward;

3. For slowing down or stopping, the arm shall be extended downward.

B. Wherever the lawful speed is more than 35 miles per hour, such signals shall be given continuously for a distance of at least 100 feet, and in all other cases at least 50 feet, before slowing down, stopping, turning, or partly turning.

C. A person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall signal his intention to stop or turn. Such signals, however, need not be given continuously if both hands are needed in the control or operation of the bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.

D. Notwithstanding the foregoing provisions of this section, a person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped may signal a right turn or pull to the right by extending the right hand and arm in a horizontal position straight from and level with the shoulder beyond the right side of the bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped, and may signal slowing down or stopping by extending the right arm downward.

Every driver who intends to back, stop, turn, or partly turn from a direct line shall first see that such movement can be made safely and, whenever the operation of any other vehicle may be affected by such movement, shall give the signals required in this article, plainly visible to the driver of such other vehicle, of his intention to make such movement.

[movistar]

My court date was today and I lost, I'm debating if I should appeal. I explained my case that no one was affected by me not using a signal. The judge asked the officer how far behind me he was and then stated the officer was affected and found me guilty. During the cops opening statement he said he followed me a few block noticed several things I did wrong, crossing the double yellow line and a few other failure to signals.

If I appeal and found guilty there is another $200 fee $390 if I use a jury added to the original fee of $111.
Should I appeal or just pay and get it over with? What could I have done differently to win?
Shaun