Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 17, 2007 10:42AM
After reading KeepOnTruckin's question on speeding tickets, there's one I've always wondered about (and no, I didn't get one either).
Most people cited for speeding by a locality, get cited under section 46.2-878. of the VA Code (Authority to change speed limits). This section of the code allows Counties like Fairfax to change the speed limits of any highway in their jurisdiction from the limits stated in 46.2-870. However part of the code states that localities can only do this when "...prescribed after a traffic engineering investigation and when indicated on the highway by signs."
And at the bottom: "Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section."
So I'm wondering, has anyone ever asked to see the traffic engineering study for a section of road they received a ticket on? I wonder how often they actually perform the traffic engineering study, and how well they've documented that they actually did one.
Edited 1 time(s). Last edit at 06/26/2007 06:16PM by trogdor!.
Most people cited for speeding by a locality, get cited under section 46.2-878. of the VA Code (Authority to change speed limits). This section of the code allows Counties like Fairfax to change the speed limits of any highway in their jurisdiction from the limits stated in 46.2-870. However part of the code states that localities can only do this when "...prescribed after a traffic engineering investigation and when indicated on the highway by signs."
And at the bottom: "Whenever the speed limit on any highway has been increased or decreased or a differential speed limit has been established and such speed limit is properly posted, there shall be a rebuttable presumption that the change in speed was properly established in accordance with the provisions of this section."
So I'm wondering, has anyone ever asked to see the traffic engineering study for a section of road they received a ticket on? I wonder how often they actually perform the traffic engineering study, and how well they've documented that they actually did one.
Edited 1 time(s). Last edit at 06/26/2007 06:16PM by trogdor!.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 26, 2007 06:20PM
trogdor! Wrote:
> So I'm wondering, has anyone ever asked to see the
> traffic engineering study for a section of road
> they received a ticket on?
Turns out my hunch about the ‘traffic engineering investigations' (see my question above) was right. Most localities probably don’t bother to do this. And that’s a big problem for them when writing speeding tickets for areas posted less than 55 mph.
Turns out a smart woman from Hampton, VA had the idea first. April Bahen was ticketed for speeding (41/30). She contacted the city of Hampton to get the traffic engineering study that is required for the City to drop the speed limit from 55 mph. Turns out, they didn’t have one. Ooops. She went to court, and (probably by subpoena) tried to offer testimony a traffic engineer for the City, stating that they had no record of the study. She was denied and of course, lost in District Court (the McDonald's of justice).
She appealed. And won http://www.courts.state.va.us/opinions/opncavwp/0436031.pdf . The court ruled that since Hampton had adopted the State code for highways (and all localities have – Fairfax County did so under County code 82-1-6) the locality was required to do the traffic study. And since they didn’t do it, guess what? The case was (eventually) dismissed (CR03R00012-00) on 1/5/2005.
So it would seem like a good strategy after getting a ticket (if you plan to fight it), to always request the traffic engineering study that is required by state code to change the speed limit from 55 mph. One method of doing this would be through VAFOIA. If they have it, ah…plead guilty and prepay.
If they don’t, proceed to trial, plead not guilty and offer up evidence (maybe a written confirmation or subpoena if you must) that the locality never did the study and there for the posted speed is invalid and the real speed limit is 55 mph. Also note the Bahen Court of Appeals case (above) which states that the court must consider evidence that the speed limit was not lawfully established. This could be useful if you were ticketed while going less than 55. But it could also help by reducing the miles per hour over the limit for which you were ticketed.
Edited 3 time(s). Last edit at 05/21/2013 07:58PM by trogdor!.
> So I'm wondering, has anyone ever asked to see the
> traffic engineering study for a section of road
> they received a ticket on?
Turns out my hunch about the ‘traffic engineering investigations' (see my question above) was right. Most localities probably don’t bother to do this. And that’s a big problem for them when writing speeding tickets for areas posted less than 55 mph.
Turns out a smart woman from Hampton, VA had the idea first. April Bahen was ticketed for speeding (41/30). She contacted the city of Hampton to get the traffic engineering study that is required for the City to drop the speed limit from 55 mph. Turns out, they didn’t have one. Ooops. She went to court, and (probably by subpoena) tried to offer testimony a traffic engineer for the City, stating that they had no record of the study. She was denied and of course, lost in District Court (the McDonald's of justice).
She appealed. And won http://www.courts.state.va.us/opinions/opncavwp/0436031.pdf . The court ruled that since Hampton had adopted the State code for highways (and all localities have – Fairfax County did so under County code 82-1-6) the locality was required to do the traffic study. And since they didn’t do it, guess what? The case was (eventually) dismissed (CR03R00012-00) on 1/5/2005.
So it would seem like a good strategy after getting a ticket (if you plan to fight it), to always request the traffic engineering study that is required by state code to change the speed limit from 55 mph. One method of doing this would be through VAFOIA. If they have it, ah…plead guilty and prepay.
If they don’t, proceed to trial, plead not guilty and offer up evidence (maybe a written confirmation or subpoena if you must) that the locality never did the study and there for the posted speed is invalid and the real speed limit is 55 mph. Also note the Bahen Court of Appeals case (above) which states that the court must consider evidence that the speed limit was not lawfully established. This could be useful if you were ticketed while going less than 55. But it could also help by reducing the miles per hour over the limit for which you were ticketed.
Edited 3 time(s). Last edit at 05/21/2013 07:58PM by trogdor!.
Re: Speeding tickets - A possible defense?
Posted by:
Andy
()
Date: June 26, 2007 08:48PM
Here's why I think this "defense" won't work:
Fairfax County, ie., the "locality", does not maintain it's own roads. The case you cited is from the CITY of Hampton. Most cities and towns maintain their own roads. I believe there are only two counties who maintain their own roads in Virginia. Arlington is one of them, and the second is, I believe, Henrico County.
Roads in Fairfax County are all state-maintained. The county has absolutely nothing to do with the speed limits or maintainance of the roads, therefore they would never change the limit from what the state posts. The police merely enforce the speed limits the Virginia Department of Transportation posts along it's roadways and highways.
This may work in towns like Vienna or cities like Fairfax City or Hampton, who maintain their own roads but I seriously doubt this will hold any weight on a state-maintained roadway on unincorporated areas like Fairfax County.
Just my thoughts. It's much easier to just obey the law rather than look for ways out, IMO.
Fairfax County, ie., the "locality", does not maintain it's own roads. The case you cited is from the CITY of Hampton. Most cities and towns maintain their own roads. I believe there are only two counties who maintain their own roads in Virginia. Arlington is one of them, and the second is, I believe, Henrico County.
Roads in Fairfax County are all state-maintained. The county has absolutely nothing to do with the speed limits or maintainance of the roads, therefore they would never change the limit from what the state posts. The police merely enforce the speed limits the Virginia Department of Transportation posts along it's roadways and highways.
This may work in towns like Vienna or cities like Fairfax City or Hampton, who maintain their own roads but I seriously doubt this will hold any weight on a state-maintained roadway on unincorporated areas like Fairfax County.
Just my thoughts. It's much easier to just obey the law rather than look for ways out, IMO.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 27, 2007 12:01AM
The only issue that might raise is who you would go to to request the traffic engineering study. Whether it's the locality or the Commonwealth Transportation Commissioner (that is to say, the Commonwealth), everyone has to complete this study before lowering the speed limit from what is listed in the code.
The burden of proof should be on the prosecution in a traffic case to show the speed limit was lowered in accordance with the law. Which authority did it could be a complicating factor. However, the best policy would be to VA-FOIA request the study from the Commonwealth Transportation Commissioner and the locality that issued the ticket. If no one can come up with it, you have a defense. It would seem the FOIA option would be valuable because they either have to produce the study or respond in writing that they don't have it.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-878
The burden of proof should be on the prosecution in a traffic case to show the speed limit was lowered in accordance with the law. Which authority did it could be a complicating factor. However, the best policy would be to VA-FOIA request the study from the Commonwealth Transportation Commissioner and the locality that issued the ticket. If no one can come up with it, you have a defense. It would seem the FOIA option would be valuable because they either have to produce the study or respond in writing that they don't have it.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-878
Re: Speeding tickets - A possible defense?
Posted by:
MBF
()
Date: June 27, 2007 03:11PM
Fairfax County doesn't drop the speed limits on state roads. When a neighborhood or community asks the county for a lowered limit on a road within/near its boundaries, it's referred to VDOT. The county doesn't do a study. When limits are lowered, it's done by VDOT, not Fairfax.
Ever notice the counters on the road taking speed/volume counts periodically? Those are usually just info. gathering counters used by VDOT to determine that the posted limit is still appropriate for the roadway. If a posted limit is changed it's usually because of this or changes/physical improvements made to the roadway itself.
The county only puts out counters when a neighborhood has asked for speed humps or other traffic calming measures--it does this to determine if it meets the speed and volume requirements for the traffic calming and cut-thru programs.
Ever notice the counters on the road taking speed/volume counts periodically? Those are usually just info. gathering counters used by VDOT to determine that the posted limit is still appropriate for the roadway. If a posted limit is changed it's usually because of this or changes/physical improvements made to the roadway itself.
The county only puts out counters when a neighborhood has asked for speed humps or other traffic calming measures--it does this to determine if it meets the speed and volume requirements for the traffic calming and cut-thru programs.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 28, 2007 12:22AM
Fairfax County doesn't drop the speed limits on state road
Good to know. Three days ago I requested information from VDOT on where I could obtain the traffic engineering study for Hwy 29 between 28 and FFX CO parkway where the speed limit is 45 mph (seems like a reasonable speed to me, but figured it was a good place to start since there must have been one). No response yet. When/if I get anything, I'll post it.
Good to know. Three days ago I requested information from VDOT on where I could obtain the traffic engineering study for Hwy 29 between 28 and FFX CO parkway where the speed limit is 45 mph (seems like a reasonable speed to me, but figured it was a good place to start since there must have been one). No response yet. When/if I get anything, I'll post it.
Re: Speeding tickets - A possible defense?
Posted by:
MBF
()
Date: June 28, 2007 09:15AM
Good luck--it takes forever (can take months!) to get a response from VDOT; if you get one at all.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 28, 2007 09:17PM
Here's another recent appeals court decision (from May 2007) that backs up my outline of the described 'defense'
http://www.courts.state.va.us/opinions/opncavwp/1342054.pdf
Here's an outline of the case if you don't want to read it. Feel free to correct any errors.
Defendant got a ticket for doing for doing 67 mph in a 50 mph zone (In Loudoun County). He goes to court, and argues that the speed limit was not properly posted (no traffic engineering investigation was performed) and therefore the real speed limit was 55 mph.
The court AGREED with him that the speed limit was not posted correctly.
However, they then just re-charged him with doing 67 in a 55. That lowered his over speed by 5 mph. He then tried to argue that the court couldn't just re-charge him for the lesser offense. The Appeals court said oh yes they can.
So the moral of the story is, if you're going faster than the legal limit listed in the code, the best you can hope for is a reduction in your ticketed offense. This might be good if you're in reckless territory and a 5 or 10 mph reduction gets you under reckless.
However, if you're going slower than the code's speed (let's say you were clocked going 55 in a 35 on a 'highway'), but the limit was not posted according to law, the ticket is dismissed. It has to be dismissed, because no crime occurred.
http://www.courts.state.va.us/opinions/opncavwp/1342054.pdf
Here's an outline of the case if you don't want to read it. Feel free to correct any errors.
Defendant got a ticket for doing for doing 67 mph in a 50 mph zone (In Loudoun County). He goes to court, and argues that the speed limit was not properly posted (no traffic engineering investigation was performed) and therefore the real speed limit was 55 mph.
The court AGREED with him that the speed limit was not posted correctly.
However, they then just re-charged him with doing 67 in a 55. That lowered his over speed by 5 mph. He then tried to argue that the court couldn't just re-charge him for the lesser offense. The Appeals court said oh yes they can.
So the moral of the story is, if you're going faster than the legal limit listed in the code, the best you can hope for is a reduction in your ticketed offense. This might be good if you're in reckless territory and a 5 or 10 mph reduction gets you under reckless.
However, if you're going slower than the code's speed (let's say you were clocked going 55 in a 35 on a 'highway'), but the limit was not posted according to law, the ticket is dismissed. It has to be dismissed, because no crime occurred.
Re: Speeding tickets - A possible defense?
Posted by:
zzyzx
()
Date: June 28, 2007 09:33PM
Please let me know where you live trogdor - I want to drive 55 MPH all day long in front of your house while your kids are playing outside. No crime will have been committed. Geeeez, at what point do people just accept responsibilty for their actions rather than look for loopholes to get away with acting irresponsible.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: June 28, 2007 10:09PM
"...just accept responsibilty for their actions rather than look for loopholes."
Lol.. that's my point. Government should operate in the full light of day, not hidden in dark shadows. We are all expected to follow the law, and that includes those who administer it.
These 'loopholes' are actually requirements of the law (in the exact same way that coming to a full stop at a stop sign is a requirement of the law). They were put there for a reason. In this case, that reason is to prevent the use of lowered speed limits for speed traps (revenue) rather than safety. And from reading these court cases, it seems like that concern was a valid one. Telling an officer who stops you for running a stop sign "You guys are always looking for loopholes to bust me" won't get you anywhere, and the administrators of justice should get the same short leash. We are after all, a government of the people by the people and for the people.
The state and it's subdivisions are free to lower the speed limit to 1 mph. They just have to do it legally. Is that really too much to ask? If the State requires me to follow the law, is it too much to ask that they also follow that same law? I think not.
Lol.. that's my point. Government should operate in the full light of day, not hidden in dark shadows. We are all expected to follow the law, and that includes those who administer it.
These 'loopholes' are actually requirements of the law (in the exact same way that coming to a full stop at a stop sign is a requirement of the law). They were put there for a reason. In this case, that reason is to prevent the use of lowered speed limits for speed traps (revenue) rather than safety. And from reading these court cases, it seems like that concern was a valid one. Telling an officer who stops you for running a stop sign "You guys are always looking for loopholes to bust me" won't get you anywhere, and the administrators of justice should get the same short leash. We are after all, a government of the people by the people and for the people.
The state and it's subdivisions are free to lower the speed limit to 1 mph. They just have to do it legally. Is that really too much to ask? If the State requires me to follow the law, is it too much to ask that they also follow that same law? I think not.
Re: Speeding tickets - A possible defense?
Posted by:
Gravis
()
Date: June 28, 2007 11:34PM
zzyzx Wrote:
-------------------------------------------------------
> Please let me know where you live trogdor - I want
> to drive 55 MPH all day long in front of your
> house while your kids are playing outside.
PLEASE PLEASE PLEASE come to my street, there are some stupid ass kids that are just looking to be run over. people who are killed die for a reason, they are stupid.
"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."
-------------------------------------------------------
> Please let me know where you live trogdor - I want
> to drive 55 MPH all day long in front of your
> house while your kids are playing outside.
PLEASE PLEASE PLEASE come to my street, there are some stupid ass kids that are just looking to be run over. people who are killed die for a reason, they are stupid.
"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."
Re: Speeding tickets - A possible defense?
Posted by:
MBF
()
Date: June 29, 2007 08:58AM
The state and it's subdivisions are free to lower the speed limit to 1 mph. They just have to do it legally.
nah, the lowest the state can go is 25 mph. Those yellow signs you see on curves, ramps, etc are just suggested speeds and aren't enforceable.
PLEASE PLEASE PLEASE come to my street, there are some stupid ass kids that are just looking to be run over. people who are killed die for a reason, they are stupid.
It's called natural selection, LOL. Same applies to the idiots who cross route 50 in falls church outside of a crosswalk(where there still isn't a fence to protect them *rolls eyes*).
People try to get me to slow down on the neighborhood road when I'm already going the posted limit of 25. They yell that there's children and to slow down. Guess what folks, it's a ROADway, not a playground. If it were, it would be called a playground. That said I actually don't want any children to die, I just think the situation is stupid.
nah, the lowest the state can go is 25 mph. Those yellow signs you see on curves, ramps, etc are just suggested speeds and aren't enforceable.
PLEASE PLEASE PLEASE come to my street, there are some stupid ass kids that are just looking to be run over. people who are killed die for a reason, they are stupid.
It's called natural selection, LOL. Same applies to the idiots who cross route 50 in falls church outside of a crosswalk(where there still isn't a fence to protect them *rolls eyes*).
People try to get me to slow down on the neighborhood road when I'm already going the posted limit of 25. They yell that there's children and to slow down. Guess what folks, it's a ROADway, not a playground. If it were, it would be called a playground. That said I actually don't want any children to die, I just think the situation is stupid.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: July 10, 2007 11:07PM
VDOT responded in 4 business days (impressed).
Here's what they said: "...nearly all roads (in Fairfax County) are under the jurisdiction of the Commonwealth Transportation Commissioner"
That means VDOT has the traffic studies. I've requested one for Hwy 29. Waiting.
Edited 1 time(s). Last edit at 07/11/2007 09:04AM by trogdor!.
Here's what they said: "...nearly all roads (in Fairfax County) are under the jurisdiction of the Commonwealth Transportation Commissioner"
That means VDOT has the traffic studies. I've requested one for Hwy 29. Waiting.
Edited 1 time(s). Last edit at 07/11/2007 09:04AM by trogdor!.
Re: Speeding tickets - A possible defense?
Posted by:
trogdor!
()
Date: July 24, 2007 10:35PM
Well, VDOT responded to my request as they promised. They may not be able to cut the grass on the highway, but they sure responded to my request so quickly that I must say I'm shocked. I truly expected to run around for a couple of months trying to get these traffic studies.
One study I requested was for Hwy 29 between Stringfellow road and Waples Mill. I received the "study" (no study for this one, just a resolution by the Commonwealth Transportation Commissioner), dated 10/22/1986.
If anyone is interested, maybe I can scan it in and upload it. I have a traffic investigation from Henrico Co. as well, so you can see what one looks like.
One study I requested was for Hwy 29 between Stringfellow road and Waples Mill. I received the "study" (no study for this one, just a resolution by the Commonwealth Transportation Commissioner), dated 10/22/1986.
If anyone is interested, maybe I can scan it in and upload it. I have a traffic investigation from Henrico Co. as well, so you can see what one looks like.
Re: Speeding tickets - A possible defense?
Posted by:
KeepOnTruckin
()
Date: July 25, 2007 04:52PM
well obviously you need to put it up. jsut saying so is not good enough.
Re: Speeding tickets - A possible defense?
Posted by:
ferfux
()
Date: July 25, 2007 04:54PM
oh fuck off. just pay the fucking ticket you fucking speeding mutherfucker
Re: Speeding tickets - A possible defense?
Posted by:
KeepOnTruckin
()
Date: July 25, 2007 05:02PM
i am a fucking speeder (sorry, i like to go fast) and i am also a motherfucker. cant argue there. I fucked you mother last night, please tell her she left her pants at my house.
Re: Speeding tickets - A possible defense?
Posted by:
ferfux
()
Date: July 25, 2007 05:58PM
KeepOnTruckin Wrote:
-------------------------------------------------------
> i am a fucking speeder (sorry, i like to go fast)
> and i am also a motherfucker. cant argue there. I
> fucked you mother last night, please tell her she
> left her pants at my house.
my mother is dead dick head so unless you have a time machine or a shovel try again. BUT hey while you were hallucinating I was fucking your mom, dog, cat and dad in a 5 way and streamed the video online at uh-oh.com. Yay for me!
-------------------------------------------------------
> i am a fucking speeder (sorry, i like to go fast)
> and i am also a motherfucker. cant argue there. I
> fucked you mother last night, please tell her she
> left her pants at my house.
my mother is dead dick head so unless you have a time machine or a shovel try again. BUT hey while you were hallucinating I was fucking your mom, dog, cat and dad in a 5 way and streamed the video online at uh-oh.com. Yay for me!
Re: Speeding tickets - A possible defense?
Posted by:
larry
()
Date: July 25, 2007 07:29PM
Trogdor, I just got a ticket for speeding in a 35mph zone, which had 6 lanes and a median where I was clocked. I found this site through google looking for this exact information after reading the law I was charged with breaking. Could you please post the addresses for where to mail these requests?
Re: Speeding tickets - A possible defense?
Posted by:
ferfux
()
Date: July 25, 2007 08:10PM
larry Wrote:
-------------------------------------------------------
> Trogdor, I just got a ticket for speeding in a
> 35mph zone, which had 6 lanes and a median where I
> was clocked. I found this site through google
> looking for this exact information after reading
> the law I was charged with breaking. Could you
> please post the addresses for where to mail these
> requests?
Hey Larry the Cable guy, why dont you just GOOGLE it and Git R done rather than come here and piss up a rope?
-------------------------------------------------------
> Trogdor, I just got a ticket for speeding in a
> 35mph zone, which had 6 lanes and a median where I
> was clocked. I found this site through google
> looking for this exact information after reading
> the law I was charged with breaking. Could you
> please post the addresses for where to mail these
> requests?
Hey Larry the Cable guy, why dont you just GOOGLE it and Git R done rather than come here and piss up a rope?
Re: Speeding tickets - A possible defense?
Posted by:
larry
()
Date: July 25, 2007 08:37PM
Good idea ferfux (nice name). For information on VDOT FOIAs go to http://www.virginiadot.org/info/foia.asp .
ferfux - Do you seriously spend your evenings on a forum about traffic tickets making fun of people?
ferfux - Do you seriously spend your evenings on a forum about traffic tickets making fun of people?
Re: Speeding tickets - A possible defense?
Posted by:
ferfux
()
Date: July 25, 2007 08:41PM
larry Wrote:
-------------------------------------------------------
> Good idea ferfux (nice name). For information on
> VDOT FOIAs go to
> http://www.virginiadot.org/info/foia.asp .
>
> ferfux - Do you seriously spend your evenings on a
> forum about traffic tickets making fun of people?
Larry do you really spend your evenings on a forum asking inane questions that you should be resourceful enough to find for yourself?
-------------------------------------------------------
> Good idea ferfux (nice name). For information on
> VDOT FOIAs go to
> http://www.virginiadot.org/info/foia.asp .
>
> ferfux - Do you seriously spend your evenings on a
> forum about traffic tickets making fun of people?
Larry do you really spend your evenings on a forum asking inane questions that you should be resourceful enough to find for yourself?
Re: Speeding tickets - A possible defense?
Posted by:
ticketed
()
Date: December 08, 2010 01:55PM
Trogdor, were you successful in fighting your speeding ticket?
trogdor! Wrote:
-------------------------------------------------------
> After reading KeepOnTruckin's question on speeding
> tickets, there's one I've always wondered about
> (and no, I didn't get one either).
>
> Most people cited for speeding by a locality, get
> cited under section 46.2-878. of the VA Code
> (Authority to change speed limits). This section
> of the code allows Counties like Fairfax to change
> the speed limits of any highway in their
> jurisdiction from the limits stated in 46.2-870.
> However part of the code states that localities
> can only do this when "...prescribed after a
> traffic engineering investigation and when
> indicated on the highway by signs."
>
> And at the bottom: "Whenever the speed limit on
> any highway has been increased or decreased or a
> differential speed limit has been established and
> such speed limit is properly posted, there shall
> be a rebuttable presumption that the change in
> speed was properly established in accordance with
> the provisions of this section."
>
> So I'm wondering, has anyone ever asked to see the
> traffic engineering study for a section of road
> they received a ticket on? I wonder how often
> they actually perform the traffic engineering
> study, and how well they've documented that they
> actually did one.
trogdor! Wrote:
-------------------------------------------------------
> After reading KeepOnTruckin's question on speeding
> tickets, there's one I've always wondered about
> (and no, I didn't get one either).
>
> Most people cited for speeding by a locality, get
> cited under section 46.2-878. of the VA Code
> (Authority to change speed limits). This section
> of the code allows Counties like Fairfax to change
> the speed limits of any highway in their
> jurisdiction from the limits stated in 46.2-870.
> However part of the code states that localities
> can only do this when "...prescribed after a
> traffic engineering investigation and when
> indicated on the highway by signs."
>
> And at the bottom: "Whenever the speed limit on
> any highway has been increased or decreased or a
> differential speed limit has been established and
> such speed limit is properly posted, there shall
> be a rebuttable presumption that the change in
> speed was properly established in accordance with
> the provisions of this section."
>
> So I'm wondering, has anyone ever asked to see the
> traffic engineering study for a section of road
> they received a ticket on? I wonder how often
> they actually perform the traffic engineering
> study, and how well they've documented that they
> actually did one.
Re: Speeding tickets - A possible defense?
Posted by:
fagdor!
()
Date: December 08, 2010 03:30PM
NO.
The judge even called me a silly faggot.
The judge even called me a silly faggot.