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  1. #1
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    Default Pulled Over for Speeding After Officer Directed Driver to Pass

    My question involves a traffic ticket from the state of: Virginia.

    We were driving along a local highway and came up behind a sheriff's car and was driving behind him for a little while. The sheriff's deputy then stuck his hand out the window and waved for us to pass him. We ignored that and kept driving behind.

    The sheriff's deputy waved us to pass a SECOND time so we figured he needed us to get around him so we passed him as directed. Deputy then pulled us over and said we were speeding 70/55 via rear radar.

    Seems like entrapment no? We would NOT have passed him if he did not wave us to do so twice. Worth fighting in court?

    TIA!

  2. #2
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    No, it's not. You had no legal right to speed merely because you were behind a police vehicle. The officer can motion you to pass in order to effect a traffic stop.

  3. #3
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting Mr. Knowitall
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    No, it's not. You had no legal right to speed merely because you were behind a police vehicle. The officer can motion you to pass in order to effect a traffic stop.
    Darn. Thanks for the insight!

  4. #4
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    And remember, Virginia is for Lovers, not Speeders...

    I think he had you at 70 well before he motioned you to pass.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting Who'sThatGuy
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    And remember, Virginia is for Lovers, not Speeders...

    I think he had you at 70 well before he motioned you to pass.
    If the cop used rear facing radar, he likely clocked op as he approached the cop from the rear.

    If it was based on a sustained speed while following the cop I would look into whether a ticket can be issued based on a citizens report or if a citizens arrest type action is available. While it looks a lot like entrapment to me (speeding without lights or siren in order to entice others to speed) but probably isn't would still be the cop speeding without lawful rights to so. There are exemptions that allow the police to speed but none appear to apply here.

  6. #6
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting jk
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    While it looks a lot like entrapment to me (speeding without lights or siren in order to entice others to speed)....
    There is no jurisdiction that would regard that as "entrapment".

  7. #7
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting Mr. Knowitall
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    There is no jurisdiction that would regard that as "entrapment".
    I don't doubt it but it is a dirty little game the cops play and that's why I said I would look into whehther the state allows for a citizens citation/citizens arrest to be issued. It would be fitting since to prove the op was speeding (this is in the situstion while the guy followed the cop and that is where the speed was obtained) the cop would have to admit he too was speeding, and obviously without lawful exception to the speed limit.

  8. #8
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting jk
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    I don't doubt it but it is a dirty little game the cops play and that's why I said I would look into whehther the state allows for a citizens citation/citizens arrest to be issued. It would be fitting since to prove the op was speeding (this is in the situstion while the guy followed the cop and that is where the speed was obtained) the cop would have to admit he too was speeding, and obviously without lawful exception to the speed limit.
    Like I said above.
    I think he had you at 70 well before he motioned you to pass.
    I don't think the officer was speeding at all. I think the officer was doing the speed limit and clocked OP a mile or so when he was behind the cruiser still approaching it and unaware of the officers presence.
    Once OP came aware that the cruiser was just ahead of him, he slowed and stayed behind the officer. That is when he was motioned to pass him.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  9. #9
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Thanks, Everyone, for their input and the discussion!

    Quote Quoting Who'sThatGuy
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    Like I said above. I don't think the officer was speeding at all. I think the officer was doing the speed limit and clocked OP a mile or so when he was behind the cruiser still approaching it and unaware of the officers presence.
    Once OP came aware that the cruiser was just ahead of him, he slowed and stayed behind the officer. That is when he was motioned to pass him.
    With this line of thought, would that mean the officer was paying attention what was going on BEHIND him and activating the rear radar and not maintaining awareness of the road in front? That doesn't seem like safe driving.....

  10. #10
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    Default Re: Pulled Over for Speeding After Officer Directed Driver to Pass

    Quote Quoting NoobLaw
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    Thanks, Everyone, for their input and the discussion!



    With this line of thought, would that mean the officer was paying attention what was going on BEHIND him and activating the rear radar and not maintaining awareness of the road in front? That doesn't seem like safe driving.....
    dont you keep track of
    what is going on behind you when driving? They put mirrors on your car for just that purpose.

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