First Time in Traffic Court, I Need Advice

My question involves traffic court in the State of: Virginia

Do I plead guilty or not guilty to this? And what should I say?

What do I wear?

What is the best approach in what I say to get the fine reduced?

Ok here's what happened:

I'm new to commuting in the Northern Virginia area through DC as previously I lived about 50 miles south. On May 22nd of this year when driving to work around 8am I decided to try a new route by getting on I-66 east. The entrance ramp was accessible upon making a left turn at a light. Upon entering the entrance ramp I noticed a cop car with lights on about 50 ft ahead and slowed down thinking someone got pulled over or there was an accident.

As I slowly started passing one of them motioned for me to pull over too and I rolled down the window and he asked me to pull over to the shoulder so I complied in confusion. (I say them because from what I remember the guy that motioned to me didn't look like a cop in uniform as I saw only one cop in uniform issuing others a ticket behind my car.)

As I sat there for about 5 minutes and a few cars drove by and some more were asked to pull over as well. (this was before even entering the freeway). Eventually the guy asked me for my license and registration which I gave him and he walked away and about 10 minutes later the cop in uniform (not the other guy) came back with a ticket along with my license and registration and said I was in violation of Virginia Code § 33.1-46.2. After asking him what that was and what I was being pulled over for, I told him that I didn't know the entire I-66 freeway was a carpool lane as I live south of the area where the carpool lane on I-95 is clearly marked and has two lanes of it's own and has clear signs and this one doesn't.

He just said sign there and call this number to find out the fine and have a nice day. Going back checking the signs, I noticed that it wasn't clear at all that the entire freeway was a carpool lane and I had no clue the state of Virginia can even do that. What do people driving east from 70 miles west do?

I decided that I am not guilty as I did not know this information prior and had thought the carpool lane was separate and accessible AFTER entering the interstate like it is everywhere else in the Washington DC area from what I've seen. I also noticed that the big old sign was on top of the entrance ramp so even if I saw it and realized it in a split second (maybe 1 out of 1000 people do) I still would have been trapped with the police 50 yards ahead of me because I can't just reverse out of the entrance ramp with cars entering behind me without causing an accident.

The fine is $180 dollars as this is my first traffic citation in my life on my otherwise clean record. Should I fight it? I have little money and I only have a summer job.

Do I plead that I am guilty? The signs were there but they clearly weren't very clear in communicating all lanes of I-66 vs just one or two lanes. After having been here for 2 months it's clear enough now especially having driven on I-66 a few times after HOV hours but I was new to the area when this happened and it's not clear to new people here.

My court date is July 15th (this week).

What should I wear?

No one? :(

My hearing is tomorrow morning (16 hours) I don't even know what I should plead.

I need all the help I can get.

:mad: I'm dissapointed that no one was able to offer anything. Even if it was a guess at most anything. I have no clue of law and court procedures but after this morning I have a better idea. It's just a bummer I had to go it alone with no idea what the hell I was doing. Very well it is what it is. My story is below, I hope someone can learn from my experience this morning and be warned. I also appreciate any feedback or advice. My first ever exposure to law was utterly disgusting and I don't want to believe that the wide majority of the justice system in this country is corrupt.

Here is my story:

Please listen to my story and offer anything to the contrary. I was skeptical of government corruption and had a lot of faith in our justice but now I stand back and I am not so skeptical. Listen to my journal entry of what happened just a few hours ago.

Story below:


This morning I appeared in court neatly dressed in a suit and tie and did my best to be well prepared. Upon arriving I discovered that the courtroom had 50 other occupants with traffic tickets as well. Most of everyone else was dressed in sleazy attire or just normal wear, I can't say that I blame them. I showed my best respect to the court and my judge. Unfamiliar with court practices specifically traffic court the judge made us all rise and discussed the procedure but did not offer a chance for any questions. She mentioned the chance to go see a "prosecutor" down the hall and to sign out which I did as I wasn't sure how I should plead. I waited to see the "prosecutor" who was a polite young women and suggested that I plead not guilty (as I felt) and that would give me the chance to discuss my case. She said if I plead guilty I would not have the chance to discuss. I took that advice without question. Upon returning to the court room I was soon called up to hear my case in front of the 50 other people. Of course with my luck my officer was there which he approached.

He told his side of the story which was just a brief paragraph of my stop. Thankfully he didn't lie in any way I was aware of as it was his word against mine from the get go.

After taking my oath to tell the truth I plead my case emphasizing that the signs were not in an effective position and even if I had noticed and comprehended the overly confusing HOV system here in a split second I still would have been trapped. I mentioned how if I had attempted to avert the situation I would have violated other traffic laws and posed a high danger of a traffic accident. I mentioned how every other HOV system in the area has a separate lane and I would have in no way known that this interstate was different prior (signs were unclear and ineffective) being new unless someone had warned me.

Of course my printer broke down last night and I had no access to another one so I had no chance to print out the pictures of the signs so I had no evidence to present.

The judge who was a late middle aged women (reminded me of judge Judy) nodded and said "that's why there are signs and surely there were others in the area before you entered the entrance ramp. I find you guilty as charged with the penalty being a 60$ court fee as well as the fine to be paid within 15 days."

Surely she was not in anyway related to judge Judy as she seemed almost robotic in her manner and tone. I guess if proceedings are repetitive for judges that can do that to them. Still no sense of sympathy or mercy of any kind?? I was practically talking to a computer it seemed.

At that time I had no chance to correct her misunderstanding of my plea or to reiterate that the signs themselves were ineffective! So as excruciating as it was I said "Thank you ma'am have a good day".

WTF! is it now not blatantly obvious from personal experience that all signs point to a money making machine on top of any sense of justice??

This is in Northern VA specifically Arlington County by the way. Beware!
I use to love this county as I partly grew up here years ago now I'm skeptical and don't trust it.

Anyone else have a similar experience? Am I wrong in this belief, please do tell! I do want to hear another side but everything I have witnessed points to lawful robbery and corruption. What happened to protecting and serving the interests of the people? What happened to executing justice? I am left speechless. The HOV system on this road (I-66) is a flaw and a scam. They scam people by unclear signs that emphasize the HOV rules on this road is different than the others(this road is unique not common). Instead they offer obscurity in the signs that surely if a 21 year old Caucasian clear english speaking American born college male couldn't comprehend, surely no foreigner or newcomer would too! They trap people before even getting on the freeway and if one were to try and avoid the situation they risk causing an accident. This could surely be a hazard.

I feel like writing a letter to whoever would have the power to change this more specifically the HOV law on this particular interstate. Who should I write to who may even offer the chance to listen to my poor experience and concern and my proposed solution to the HOV here?

I can sit here and complain all I want but I want to actually do everything in my power to make a difference and to prevent this from happening to other people as I have seen today. America is the land of the free, someone ought to listen but who? The local congressman, the mayor, department of transportation? I don't know who. I surely hope my painful experience could help someone else from experiencing the same.

I agree with the judge... There had to have been more signage indicating it was an HOV lane only... I did read your 1st post but honestly, I thought the same thing back then as well, and since it was not what you wanted to hear, I am sure, I refrained from posting.

As for your "cash machine" reference... Do you have any other suggestions as to how to penalize traffic offenders? Would you prefer to spend a few nights in jail or are you suggesting that a simple "bad boy" and a slap on the wrist should be sufficient?

In fact, if you think your penalty was too high, then come to California where the fine for an HOV lane violation is in excess of $450.

If you want to help others, then go back to the area, check for signs leading to that freeway and compare those to the "guidance" that is in the Federal Manual For Traffic Control Devices. If the signage meets the standard, then you can contact your Federal Highway Administration, the U S Department of Transportation and express your opinion that there should be more.

Here's a link: FHWA ~ MUTCD

Good luck!

Chaz, I don't know how "up" you are to continue this fight, however, the judge's comment, "surely there were others in the area" shows a predisposition, and a judgment based upon supposition, not evidence nor facts. This is grounds for an appeal.

BTW, I agree with St. That Guy. I, too, did not think I could help you -- basically, all you could do it take photos of the area and use those to support your testimony. However, without those photos, as you pointed out, it would be just your word against the officer's, and officers normally win that contest.

However, a judgment based on the judge's supposition that there are OTHER signs in the area -- apart from the ones testified to by the officer, or the ones you claim are confusing, is, indeed, grounds for appeal.

The problem with that is that an appeal is a highly technical procedure, with its own set of rules that must be followed precisely, or you risk having your appeal dismissed. I'd highly advise getting an attorney if you wish to follow that path.

Sorry things didn't work out for you, and that it left such a bad taste in your mouth. As I mentioned, had you been able to bring photos, the outcome MAY have been different, although with this judge's apparent predisposition, it's hard to tell.

Barry

If you want to get an answer, it's best to follow the instruction not to reply to your own post.

Having only anecdotal experience with court.
Here is my observations:

(i have not read you post until now, but if i had, my advice would have been less practical: Plead no contest and ask for reduction, or at least be prepared for a trial - secretly, i would have liked you beating this citation - but preparation without legal experience is troublesome for many) - You should have posted this question prior to 16 hours before the court date.

Judges in traffic court have more power and discretion in interpreting the law than in any other court system. Probably due to amount of docket cases. You mention 50 people were in the court with you on a given date (you can see where i am going with this).

Primary goal of any citation is to punish the offender (usually by accessing monetary damage in traffic cases). But it seems that many cash-strap counties are using it to raise revenues as primary goal while operating withing legal boundaries. Taxes are unpopular and many people would agree that citation is great revenue generation - that is until they get the citation themselves.

In your case, there was no intent by you in breaking the law... True for many people (it is probably not the ground for dismissal) except in the case of speeding ... (I speed knowingly that i may get caught).

Friend of mine got a speeding ticket (speed trap) in small town AZ - where the stopping Police officer was also Court Clerk when my friend called-in to ask about citations. Long story short... The Police officer indicated that "speed trap" is meant to cite foreigners - because locals are very well aware of it's location.

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Quoting GatorSF

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Primary goal of any citation is to punish the offender (usually by accessing monetary damage in traffic cases).

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You should have stopped typing right there!

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Quoting GatorSF

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But it seems that many cash-strap counties are using it to raise revenues as primary goal while operating withing legal boundaries. Taxes are unpopular and many people would agree that citation is great revenue generation - that is until they get the citation themselves.

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And to avoid having to contribute to this revenue generation scheme, we all have the option of driving within the limits of the law!!!

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Quoting GatorSF

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In your case, there was no intent by you in breaking the law... True for many people (it is probably not the ground for dismissal) except in the case of speeding ... (I speed knowingly that i may get caught).

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Speeding is not any different than any other traffic violation; whether you do it intentionaly or not, and if you're witness doing so by an officer, chances are you will get cited!!! That's the way ALL laws work.

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Quoting GatorSF

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Friend of mine got a speeding ticket (speed trap) in small town AZ - where the stopping Police officer was also Court Clerk when my friend called-in to ask about citations. Long story short... The Police officer indicated that "speed trap" is meant to cite foreigners - because locals are very well aware of it's location.

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Are you sure that was your friend's story or was it something you saw on The Dukes of Hazzard?