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Fighting a wrong with another wrong FFX Traffic Court
Posted by: Mark Jayton ()
Date: January 04, 2012 09:28PM

So essentially here is the situation.

I was coming up to a two-laned stop sign. I was in the left hand lane, because the right hand lane has a sign saying "Right hand lane must turn right." The car in front of me pulled out of the intersection at about 3mph, and I followed behind him after waiting at the stop sign for about two seconds. I, however, changed langes in the intersection to pass him(I would say I was about 3/4 of the way through the intersection, it is a fairly long one), because he was going so slow.

So the officer followed me and pulled me over, stating that I failed to obey the sign going straight. So from his point of view(he was to the left of me), he thought I came out the of the right lane and went straight, rather than coming out of the left lane and then switching in the intersection.

I know what I did would probably be cited for an improper lane change, but I'm just wondering because he ticketed me for the wrong thing if I would have any chance of getting it dismissed. Or would the judge just switch my offense to improper lane change and i'd still end up with the ticket. It's not a huge deal, I know it was my fault, just seeing what the options are.

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: MS-14 ()
Date: January 04, 2012 09:44PM

You are one sorry driver, mang...

The judge can't change the charge so, go ahead and fight it. If, of course, you can get the time off from work. Most judges run through their whole traffic docket quickly by trying the cases in which the defendants pleading guilty are tried first. Those defendants such as yourself pleading not guilty are shoved to the bottom of the docket and your case is heard after all of the guilty cases are heard.

This one time at band camp I was in court on a ticket and there were so many cases being tried that my not guilty plea wasn't heard until 2PM even though I was there at 8am as per the court's instructions. Plan on taking the whole day off and good luck.

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: What the hell... ()
Date: January 05, 2012 09:24AM

Plead not guilty and make the officer and judge do their job for every single infraction. If enough citizens begin to do this they'll think twice about issuing some stupid ass ticket and move on to more important crimes. I know a few cops who would be embarrassed to write an improper lane change ticket (I know that's not the original offense you stated).

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: justsayin ()
Date: January 05, 2012 10:44AM

Mark Jayton Wrote:
-------------------------------------------------------
> So essentially here is the situation.
>
> I was coming up to a two-laned stop sign. I was in
> the left hand lane, because the right hand lane
> has a sign saying "Right hand lane must turn
> right." The car in front of me pulled out of the
> intersection at about 3mph, and I followed behind
> him after waiting at the stop sign for about two
> seconds. I, however, changed langes in the
> intersection to pass him(I would say I was about
> 3/4 of the way through the intersection, it is a
> fairly long one), because he was going so slow.

I'd have to do some research, but I'm guessing it could be argued that there is no difference between moving into the right-turn-only lane and proceeding straight and changing lanes before you are out of the intersection, that the illegal lane extends through the intersection and you entered it by switching lanes, thus disobeying the sign.

I'd be happy he didn't cite you for a flavor of aggressive driving. The vehicle ahead of you could hardly be expected to be going the speed limit after two seconds.

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: Pay it ()
Date: January 08, 2012 03:09AM

Passing at an intersection is Reckless Driving ...... Be happy you got a ticket for a sign..

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: Oxyclean ()
Date: January 08, 2012 09:04AM

Hey. OP. You can't change lanes in an intersection. Dickhead.

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Re: Fighting a wrong with another wrong FFX Traffic Court
Date: January 09, 2012 10:11AM

Show me where in the VA code it says you can't change lanes in an intersection.

§ 46.2-804. Special regulations applicable on highways laned for traffic.

Whenever any roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following:

1. Any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions existing, shall be driven in the lane nearest the right edge or right curb of the highway when such lane is available for travel except when overtaking and passing another vehicle or in preparation for a left turn or where right lanes are reserved for slow-moving traffic as permitted in this section;

2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that lane until the driver has ascertained that such movement can be made safely;

3. Except as otherwise provided in subdivision 5 of this section, on a highway which is divided into three lanes, no vehicle shall be driven in the center lane except when overtaking and passing another vehicle or in preparation for a left turn or unless such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signed or marked to give notice of such allocation. Traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device;

4. The Commonwealth Transportation Board, or local authorities in their respective jurisdictions, may designate right lanes for slow-moving vehicles and the Virginia Department of Transportation shall post signs requiring trucks and combination vehicles to keep to the right on Interstate Highway System components with no more than two travel lanes in each direction where terrain is likely to slow the speed of such vehicles climbing hills and inclines to a speed that is less than the posted speed limit;

5. Wherever a highway is marked with double traffic lines consisting of a solid line immediately adjacent to a broken line, no vehicle shall be driven to the left of such line if the solid line is on the right of the broken line, but it shall be lawful to make a left turn for the purpose of entering or leaving a public, private, or commercial road or entrance. Where the middle lane of a highway is marked on both sides with a solid line immediately adjacent to a broken line, such middle lane shall be considered a left-turn or holding lane and it shall be lawful to drive to the left of such line if the solid line is on the right of the broken line for the purpose of turning left into any road or entrance, provided that the vehicle may not travel in such lane further than 150 feet;

6. Wherever a highway is marked with double traffic lines consisting of two immediately adjacent solid lines, no vehicle shall be driven to the left of such lines, except when turning left.

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Re: Fighting a wrong with another wrong FFX Traffic Court
Posted by: Neville ()
Date: January 10, 2012 09:28PM

I agree with justsayin, the original poster was lucky the policeman didn't cite him for reckless driving. A specific example of reckless driving involves passing in an intersection with just one through lane:

Virginia Code:

http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+46.2-858

§ 46.2-858. Passing at a railroad grade crossing.

A person shall be guilty of reckless driving who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

(Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727.)

Fairfax County Code of Ordinances:

http://library.municode.com/showDocumentFrame.aspx?clientID=10051&docID=3


Section 82-4-2. - Reckless driving; specific instances.45 [160]
(a)
A person shall be guilty of reckless driving who shall:

. . .

(5)
Overtake or pass any other vehicle proceeding in the same direction at any steam, diesel or electric railway grade crossing or at any intersection of streets or highways unless such vehicles are being operated on a highway having two (2) or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone pursuant to the provisions of Code of Virginia, Section 46.2-830 and Section 46.2-803 or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or police officers;

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