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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Cited for Stop Sign vs Stop Light

    County of Henrico Virginia

    Hi and thanks in advance for any info provided.

    I was cited for 46.2.821 Stop Sign Violation… However, it was not a stop sign rather a stop light. Is this error on the offices part enough to be found not guilty? I am charged with failing to stop for a stop sign, yet there was none. (I contend the light was green anyway).

    On the actual citation is written under the LAW SECTION “(222) 46.2.821 Failure to obey Traffic Signal (To wit:Red Light)”

    Am I splitting hairs or is this a valid defense?

    Thanks. K

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Cited for Stop Sign vs Stop Light

    It looks like the correct statute was cited. The issue may thus be whether the note is supposed to be part of the offense or if it is just a note to help the officer remember what happened. You can attempt to defend in court with pictures showing that you couldn't have run a stop light at that particular intersection; in some contexts that could be enough to get you an acquittal, but I can't make promises about what the officer's recollection or testimony will be if this goes to court.
    Quote Quoting Virginia Code § 46.2-821. Vehicles before entering certain highways shall stop or yield right-of-way.
    The driver of a vehicle approaching an intersection on a highway controlled by a stop sign shall, immediately before entering such intersection, stop at a clearly marked stop line, or, in the absence of a stop line, stop before entering the crosswalk on the near side of the intersection, or, in the absence of a marked crosswalk, stop at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. Before proceeding, he shall yield the right-of-way to the driver of any vehicle approaching on such other highway from either direction.

    Where a "Yield Right-of-Way" sign is posted, the driver of a vehicle approaching or entering such intersection shall slow down to a speed reasonable for the existing conditions, yield the right-of-way to the driver of another vehicle approaching or entering such intersection from another direction, and, if required for safety, shall stop at a clearly marked stop line, or, in the absence of a stop line, stop before entering the crosswalk on the near side of the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway, and shall yield the right-of-way to the driver of any vehicle approaching on such other highway from either direction.

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