"Failure to stop at stop sign" - NOT TRUE - how to fight this ticket? (attorney, school)

[ffcresident]

I was driving on a small road at around 10pm tonight, and I saw a police car with the blue/white lights turned on. I saw the policeman talking with a driver in another car. I got more cautious and proceeded slowly after making a full stop. I've just passed the intersection between the two small roads, and to my surprise, I was shocked to see another police car with the blue/white lights turned on right behind my car. The police told me that I "failed to stop at stop sign" (violation 46-2-821).

It's not true at all, how can I fight this ticket?
Has anyone ever been successful in getting this ticket dismissed?
And how come the violation 46-2-821 is called "Vehicle before entering certain highway shall stop or yield right of way"? I was driving on a small road and there is no highway at all.

Thank you very much for sharing your experience/advice.

[lqda4]

Not sure what you can do to fight the ticket unless you had a dash cam to back up your claim...

[johnsonkk]

You are going to have to be convincing in traffic court. I'd state that you noticed police car and made double sure to make a complete stop. Only then did you proceed. Go back to the intersection and take photos. Try to Discover where police car was waiting to review their look angle. That's all you can do. Maybe car that was already pulled over noticed your stop (doubtful). Judge will need to believe your side. I've seen the fines drop but it's rare to see ticket dropped.

[sullyguy]

And be doubly sure you actually stopped - where "stopped" is, for whatever reason, defined to mean "came to a =complete= stop for 2 seconds".

I have no clue where that "2 seconds" came from, BTW, but I remember it from something else.

[I have seen a police car pull over a car that "simply" slowed down to imperceptible movement then went through the intersection - that was not good enough]

[Pammyd]

Originally Posted by ffcresident

I was driving on a small road at around 10pm tonight, and I saw a police car with the blue/white lights turned on. I saw the policeman talking with a driver in another car. I got more cautious and proceeded slowly after making a full stop. I've just passed the intersection between the two small roads, and to my surprise, I was shocked to see another police car with the blue/white lights turned on right behind my car. The police told me that I "failed to stop at stop sign" (violation 46-2-821).

It's not true at all, how can I fight this ticket?
Has anyone ever been successful in getting this ticket dismissed?
And how come the violation 46-2-821 is called "Vehicle before entering certain highway shall stop or yield right of way"? I was driving on a small road and there is no highway at all.

Thank you very much for sharing your experience/advice.

UGH, the dreaded he said she said old stop sign ticket. I got one of these one time but did kinda roll thru the sign. What I tried to tell this police officer was that this was a brand new stop sign, and it was REEEEALLY a brand new sign; had not been there earlier that day. I was use to being cautious at that intersection then proceeding..not this time. I think he was parked there waiting to get his "quota" of tickets. I wasn't in the country so there were perhaps a lot of folks who saw me do this and who probably did the same thing themselves..sigh. Anyhow, just the police officers word against yours, you'd have to get an attorney, go to court and incur court costs and perhaps lose anyhow. Is it worth the cash?? Pay it and consider it yet another place for you to watch yourself while driving. Pick your battles and this doesn't sound like one of them.

[boyd888]

It will be your word vs the officer's in court and you will lose. The only reason to go to court would be to try to plead guilty to a lesser offense that doesn't carry points or try for traffic school.

[car54]

I'll never understand all these "false" traffic charges people complain about.

I'm on the roads many hours a day and I see scores of traffic violations every day....speeding, running lights...you name it. Even if there were "quotas", no cop with a pulse would have any trouble meeting it. Just hang out at any intersection with a light and he/she couldn't write the red light runners fast enough.

This ain't Mayberry...there's no conceivable reason to make up false charges.

[ffcresident]

Originally Posted by johnsonkk

You are going to have to be convincing in traffic court. I'd state that you noticed police car and made double sure to make a complete stop. Only then did you proceed. Go back to the intersection and take photos. Try to Discover where police car was waiting to review their look angle. That's all you can do. Maybe car that was already pulled over noticed your stop (doubtful). Judge will need to believe your side. I've seen the fines drop but it's rare to see ticket dropped.

Thanks everyone for your kind comments, especially Johnsonkk for the tip about taking photos. I will go back to the intersection to take pictures and to see if there's anything that may block the police's view. When there is police car in front of you, I'm sure everyone will be extremely cautious.

As this is one-lane very small road, I can't change lane to avoid the police. I've been told that you may also get ticket if you don't change lane on a two-lane road, when there's a police car parking with lights on. Is it correct? Is it true that VA traffic police is among the toughest in the country? Thanks.

[sullyguy]

Originally Posted by ffcresident

I've been told that you may also get ticket if you don't change lane on a two-lane road, when there's a police car parking with lights on. Is it correct?

The Virginia Code sez:

A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subdivision A 1 or A 2 of § 46.2-1025 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions.

Pertinent Section of Virginia Code

[z28lt1]

Originally Posted by car54

I'll never understand all these "false" traffic charges people complain about.


This ain't Mayberry...there's no conceivable reason to make up false charges.

True, there is no reason to make up false charges, but cops are human and make mistakes. I've personally had it happen it twice:

1 - (In Miami, not here, but big city just the same), cop accused me of giving someone the middle finger, when I absolutely did not. I was on a motorcyle and did shrug my shoulders palms up though (the other car almost backed into me in a parking lot), so from where he was (in the drive-through line), he probably saw my hand movement, and interpreted as giving someone the bird. No chrages or tickets there, just an undeserved lecture.

2 - Years ago, in my youth, I got a speeding ticket in Sterling for a speed I was definitely not doing. I had just turned onto the road from a stop, and even if I floored the car from the intersection (which I did not) I probably could not have been the speed he claimed I was doing so close to the intersection. I was driving a sports car that attracted attention. I have no idea if the officer clocked someone else and assumed it was me because of the car or if the radar was totally off. He was coming from the opposite direction as I was. In court I discovered that the radar was calibrated with the radar stationary against a moving object, and with the radar moving against a stationary object. It was not calibrated moving at all, particularly in the opposite direction of the object where my speed could have appeared double. I know that these days most radar guns work just fine in that mode, but back then, I understand less did. Either way, I have no idea why the officer thought I was going much faster than I really was, but he did.

So, I personally have seen two examples where the officer was mistaken. I don't believe either were intentionally false charges, but neither was accurate. (Incidentally, my other two tickets were exactly accurate, although one, I was doing the flow of traffic, 7 miles over the speed limit and was given a ticket I can only assume because of the sports car. Again, human judgement. The officer even said I was going slower than most people on the road, but he was "assigned" that area to give tickets, so I was getting one. I WAS doing 7 over, so I paid the ticket and moved on, but I'm certain if I was in my normally driven family sedan, I would have not gotten the ticket. The speed limit on that road has since been raised 5 MPH, so my ticket would have been for 2 over.