Got a ticket... Any advice?

[user_deleted]

The "Exceptions" for crossing a double yellow does not list "slow moving traffic", or anything similar.

you merely copied and pasted particular sections of the vehicle code then offered up your opinion as to how they apply. sure you're well intended but what you fail to grasp is that PA...VA....MA....and a few other states are commonwealths. part of their distinctions from other states is the colloquial nature in how they operate and govern. all commonwealths allow generalized exceptions regarding traversing public roads with "passing" being one of those exceptions. dates back to the late 18th century and contained in the VA consolidated statutes as well as Purdon's annotated. advisable to mention this to the magistrate when testifying. a high-priced well-trained experienced mouth-piece most likely would as part of a robust defense.

 

[jetlee]

So I copied and pasted the vehicle code, as did the OP. At least I pasted the entries relevant to his citation, so he can better prepare his defense.

Purdon's is PA, my quotes are from VA's statutes directly.

Yes, generally there are provisions for farm equipment and vehicles that make frequent stops or move slowly by design, however the OP stated it was merely a "car" that was travelling slowly. Unless the car is pulling off the road, it is still generally frowned upon by LEO's to cross the double yellow.

I'm not saying he deserves it, I've passed on double yellow and I will again. I'm simply pointing out the text that he's up against, is not in his favor and he should focus more on the technicalities than finding a loophole to fit into.

Regardless of what vehicle he was passing and why, his "reckless driving" was likely due to location, too close to a curve, not the situation of the slow vehicle.

 

[user_deleted]

Purdon's is PA

LOL

just get this guy.

https://www.youtube.com/watch?v=50f7L-RPaXU

 

[jetlee]

Every ticket I've received, they wrote the exact code that was violated. Check your ticket and post what the violation was, that would really help narrow it down.

 

[09BuellXB9SX]

Awesome discussion, really helping me out here and I appreciate everyone's input.

So to start I would like to say that my defense will not be that passing the slow moving vehicle was safe for me to do, as im sure that would not go over well at all. My defense would be that I did not commit Reckless Driving as defined by the state of VA, but rather that I crossed double yellow lines to pass another vehicle and should be charged as such.

Code § 46.2-854. Passing on or at the crest of a grade or on a curve. This does not apply to me as I was not approaching or on any crest or curve in the road, the passing was done on a long straight flat section of the highway with no curves approaching whatsoever.

Spoke with a lawyer today and she didn't operate in the area where my ticket was issued so she refereed me to another ill call tomorrow. She did state that based on the brief facts I gave her most of the time cases like mine are dropped to "improper driving" and I would most likely have to complete a drivers improvement class. Her #1 recommendation for me was too NOT plead guilty. Ill have to speak with them in more detail tomorrow and ill let you know what they say!

 

[mrlogix]

photo's of the scene of the crime.....

better than TV crime stuff or news of more riots over police actions...just sayin

 

[go cytocis]

Her #1 recommendation for me was too NOT plead guilty.

[up]
Once you've plead guilty it doesn't matter how poorly the cop may have done his job, how ill-conceived the law may be, what condition the road markings might have been in, or if any other factors should be considered; you've just simply rolled-over & accepted whatever punishment is coming your way.

 

[GregoXB]

Yea, DO NOT PLEAD GUILTY. You are innocent until proven guilty. Also, if the ticket gets reduced or dropped, it reflects poorly on the officer's record. So, it is your duty to teach him how to put aside his predjudice and issue the appropriate citations. Some guys have said they did it alone, but that can get hairy. IMO, get a traffic lawyer with an offce near the court house who knows all the judges. Google him/her, try to find reviews, talk to people who have used him/her.... lord knows there are plenty of douche bag, good for nothing lawyers out there.

 

[WIGGLE2]

Also.....offer NO info to the cop. NONE! Regardless of WHAT he TRIES to tell you! I buried myself once trying to be honest with a cop......NEVER again!

 

[go cytocis]

offer NO info to the cop

[up]
There's an old adage, "save it for the judge". Unless you're 100% sure you can talk your way out of a ticket right there on the side of the road with the cop, it's in your best interest just to keep your mouth shut & offer no more information than you're obligated to. This includes small talk. Otherwise you risk finding out that, yes indeed, anything you say can & will be used against you in court...

 

[chief_of_smoke]

There's an old adage, "save it for the judge". Unless you're 100% sure you can talk your way out of a ticket right there on the side of the road with the cop, it's in your best interest just to keep your mouth shut & offer no more information than you're obligated to. This includes small talk. Otherwise you risk finding out that, yes indeed, anything you say can & will be used against you in court...

and misconstrude and taken out of context. they can be worse that the media. lawyers can be a good thing. especialy when the judge recomends them to other people. as is my case fighting a o.w.i. its been 2 years 2 months with out a court date or iniatal appearance. got to love federal court.

 

[GregoXB]

When a cop first walks up to you, you can try an apology and ask for a warning, after that, don't say much more. If you say something silly, it will appear on the bottom of your summons. If you are in a state that requires a signature on the ticket, just sign it and be on your way. Don't make your traffic stop memorable for him.

Hopefully the ticket will be dismissed or significantly reduced. I would recommend a lawyer depending on how severe the violation is and how many points it carries. Pay all fees and fines. For state's that have driver assessment fees, pay the whole fine in one installment. Take a driver's safety course, most are online, and can drop up to 4 points off your license. I believe it can be taken once every two years in most states.

 

[go cytocis]

When a cop first walks up to you, you can try an apology and ask for a warning

I'm all for being cordial but I would never offer up an apology; that could be interpreted as an admission of guilt.

I do always shut my bike off, remove my helmet & keep my hands where the LEO can see 'em. I'll then ask for permission to dismount the bike to access my registration & insurance. You want to make the cop feel as comfortable with you as possible.

 

[GregoXB]

Yea you're right. I guess asking for a warning would be better.

 

[AZmidget91]

I got an reckless driving ticket a few years ago. Got a lawyer, and he screwed up and got me a warrant for my arrest and license suspended because he missed a court date. After that, made a plea deal for criminal speeding instead, when I was signing the papers I notice my name was misspelled, I didn't say anything until we left and asked the lawyer. He said he saw it too and was hoping I wouldn't point it out to the judge because it would probably get thrown out. Well, he was right, never went on my record.

So, long story short, I suggest a lot of luck...

 

[GregoXB]

Lol, no doubt, there are alot of douche bag lawyers out there. I recall second guessing myself a few times after I hired my lawyer. Nothing is guaranteed. Internet helps though, you can read reviews and do research. It's also good to contact your lawyer at least once a week especially around the time your court date is creeping up just to touch base and maintain communication. I recall calling my lawyer 4 times before the matter was settled. Sort of a, "Hey don't forget about me." Usually they are juggling 5-6 tickets at a time, so it's good to remind them.

 

[ztied]

Don`t remember where I seen it, ( I am in tn) but the law also states a slow moving vehicle is supposed to pull over if it is slowing down traffic,and/ or there are at least 5 cars in line behind it, Don`t know if that would help,or the oil that was spewing from the exhuast of the car in front of you was unsafe???

 

[09BuellXB9SX]

Just wanted to drop buy and give yall an update on my status. Original court date was the 6th of jan, but now has been rescheduled about a month later due to my lawyer having federal court that day. As it stands right now the lawyer is going to try and get me off completely since the cop immediately followed us when we crossed the double line and he would not have done that if it was truly a reckless thing to do. if that doesnt work hes also bringing up the fact that i was cited wrond since crossing the double yellow line is not reckless by definition. He said most likely ill get off completely and have to take a driver education course, or ill get the correct crossing double lines ticket of about 90 dollars including all court fees. I will give you guys another update with the turn out.

 

[GregoXB]

What are the points associated with "crossing double lines?"

The driver education course is recommended to be done after the matter has been settled and the points are assessed. A course can drop up to 4 points off your license, and most of the courses now are online and can be taken every 2 years to reduce points. You have to stay by your computer the whole time though. I watched a movie while I did mine.

 

[09BuellXB9SX]

46.2-804 is 4 Points