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Trooper had no headlights on

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taf0708

Junior Member
What is the name of your state?What is the name of your state? Virginia

This happened on I-64 in Hanover, VA. It was 1:30am and I was doing 85mph in a 65mph zone (this fact I do not dispute). The trooper was parked in the shadows beneath an overpass. As soon as I saw her, I of course slowed down though I knew she already had me on radar. After about 30 seconds, nothing had happened and then all of a sudden there were bright headlights and blue flashers in my rear view. She had pulled out and followed me without her headlights on. According to Virginia traffic law, "every vehicle in operation on a highway in the Commonwealth shall display display lighted headlights and illuminating devices required by this article from sunset to sunrise..." (VA code 46.2-1030). The trooper cited me for reckless driving so I now have to appear in court. Can I bring this fact up with judge and will it get me anywhere? I do not contest my speed but I question whether the traffic stop itself was done legally.
 


taf0708

Junior Member
So I should just become a cop so I can drive on interstates with my lights off in the middle of the night......Great laws we have here....What if I had slammed on my breaks or swerved off the road because of the sudden blinding glare in my rear view mirror? It's nice to know cops will take chances with motorists lives
 

Curt581

Senior Member
taf0708 said:
So I should just become a cop so I can drive on interstates with my lights off in the middle of the night......Great laws we have here....What if I had slammed on my breaks or swerved off the road because of the sudden blinding glare in my rear view mirror? It's nice to know cops will take chances with motorists lives
So go to court and ask the judge to cite the officer for driving without headlights on.

Whether the judge agrees or not, it won't affect YOUR citation one iota.
 

sukharev

Member
If you want to fight the ticket, do that based on evidence, not opinion. Show to the judge why the stop was not done properly (it was not illegal, no matter what you say). Get police department manual with stop procedure through FOIA request, get info on radar and distance and time measurements if any. Search this forum for appropriate information. Know the law you got charged with.

If you plead guilty, on the other hand, do so without offending the officer. Instead, take a plea from prosecutor when you have a chance (like removing reckless charge). Try to check the courtroom first, to see if officer showed up.
 

safeber

Member
Yes, the safety ramifications here are quite bad. The cop was playing head games with you since there was a quite a delay between you passing her and when the officer made her intention, via flashing lights up your tail, to pull you over.

As the prior posts note it is unlikely that your citation will be influenced significantly for this stunt. Show up and hope for a fee deduction. You can handle this on your own. Although the officers action was a safety hazard, do not harp on the issue at length or you will be seen by the judge as a cry baby, i.e. "I't was the mean officers fault..."

I knew three cops back home. Off duty, they frequently surpassed the speed limit by at least 25mph on the highway. What do you think happened if they were pulled over? "Oh...be on your way officer....just be careful.."

Morally, I agree with your grievance. Legally, the officer in question won't even get a slap on the wrist
 
Did it cross anyone's mind that the officer may have pulled out and forgot to turn her lights on? (S/he was probably very occupied mentally with catching up to you at that speed) I bet I see 5 to 10 per night that are driving without lights on. How many tickets do you think are given versus just stopping to advise the driver??

Again, against all beliefs...... Police officers are human.
 

sukharev

Member
poohmantbb said:
Did it cross anyone's mind that the officer may have pulled out and forgot to turn her lights on? (S/he was probably very occupied mentally with catching up to you at that speed) I bet I see 5 to 10 per night that are driving without lights on. How many tickets do you think are given versus just stopping to advise the driver??

Again, against all beliefs...... Police officers are human.
Did it cross her mind the driver is human, too? Why not giving him a warning if his record is clean and he is sorry he was speeding?
 

BelizeBreeze

Senior Member
sukharev said:
Did it cross her mind the driver is human, too? Why not giving him a warning if his record is clean and he is sorry he was speeding?
Why don't you ask the officer that question?
 
sukharev said:
Did it cross her mind the driver is human, too? Why not giving him a warning if his record is clean and he is sorry he was speeding?
Ahhh yes. The man who is always wanting warnings! The warnings are those speed signs that have a big number on them... It warns you to look at your speed and adjust it to the legal limit.
 

CdwJava

Senior Member
sukharev said:
If you want to fight the ticket, do that based on evidence, not opinion. Show to the judge why the stop was not done properly (it was not illegal, no matter what you say). Get police department manual with stop procedure through FOIA request, get info on radar and distance and time measurements if any. Search this forum for appropriate information. Know the law you got charged with.
A policy manual should be available for the asking even without an FOIA request. We give the things away for 5 cents per page.

But even if the stop was in violation of policy, it can still be perfectly legal.

For instance, if my department were to have a rule that said I had to radio in my stops before turning on my lights, the fact I might not use the radio at all has nothing to do with the legality of the stop.

In this case, if there is no VA law preventing an officer from initiating a detention after driving without headlights then the stop is good (and I seriously doubt there is such a law).


- Carl
 

sukharev

Member
Yep, I agree, the stop was legal. The issue is the procedure, and this may help when officer testifies that everything was done according to training.
 

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