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Failure to obey highway sign

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L

LNG724

Junior Member
ohio

While on a motorcycle trip, I was on I 77 in Virginia. It was pouring rain at 9:am on 6/25/06.
I passed a rest stop 3 miles back but I decided to pull under an overpass instead because the rain got stronger and I needed a few minutes to rest and to relieve myself.
I was greeted a few minutes later by a Virginia State Trooper who advised me that I should have stopped at the rest stop instead and he then gave me a ticket for Fail to Obey Highway Sign and stopped to use men's room.(statute 46.2-830). I found this hard to believe that this trooper would issue this summons with this type of weather. Ordinarily, I would just pay the fine and be done with it, but I found that this offense is a moving violation and will be reported back to my home state(Ohio) and will remain on my record for 3 years. I am a 60 year old man who has been riding for 40 years and when the call arises I need to pull over and take care of business and rest my weary bones. I almost always stop at rest areas unless the weather is truly bad.

Do I have a case of not guilty if I show up(300 miles from home) for the hearing or a reduction in charge that will not get reported back to my home state?
 


M

moburkes

Senior Member
LNG724 said:
ohio

While on a motorcycle trip, I was on I 77 in Virginia. It was pouring rain at 9:am on 6/25/06.
I passed a rest stop 3 miles back but I decided to pull under an overpass instead because the rain got stronger and I needed a few minutes to rest and to relieve myself.
I was greeted a few minutes later by a Virginia State Trooper who advised me that I should have stopped at the rest stop instead and he then gave me a ticket for Fail to Obey Highway Sign and stopped to use men's room.(statute 46.2-830). I found this hard to believe that this trooper would issue this summons with this type of weather. Ordinarily, I would just pay the fine and be done with it, but I found that this offense is a moving violation and will be reported back to my home state(Ohio) and will remain on my record for 3 years. I am a 60 year old man who has been riding for 40 years and when the call arises I need to pull over and take care of business and rest my weary bones. I almost always stop at rest areas unless the weather is truly bad.

Do I have a case of not guilty if I show up(300 miles from home) for the hearing or a reduction in charge that will not get reported back to my home state?
Click to expand...
What is your defense? I don't understand.
 
L

LNG724

Junior Member
My defense is that it was an emergency because of the weather to pull off the highway and get a reprieve uner the overpass
 
justalayman

justalayman

Senior Member
I can't find any statutes titled:

he then gave me a ticket for Fail to Obey Highway Sign and stopped to use men's room.(statute 46.2-830).

What was the actual action of the highway sign you failed to obey?

I suspect it was "no stopping except for emergencies" or such.

If you hadn't been pissing along the road, the cop may have let you off because of the weather but 3 minutes is a very short time to claim "I didn;t have to go before". Twice in your post you mention the fact that "taking care of business" or " "relieveing yourself" was an important part of this stop. I think your emergency had much less to do with the rain and was more the need to "take care of business" and the cop apparently felt the same.

I think you made a mistake and need to suck it up and pay the bill.
 
B

BRN2005

Member
"Pissed" Off

Sorry, I couldn't resist.
Seriously, I do not undestand what the "moving violation" is? It sounds like they may have some kind of illegal parking &/or indecent exposure, but I don't believe they are moving violations. What are the implications against your driving record or your insurance? Is it worth the time and effort to go back? If you have the option to just pay the ticket, does it say there will be points assessed against your license?
Any time that you go to court, there is a chance for a dismissal or a reduction of charges. If you think it is worth the time and effort, go back. It can't hurt can it?
 
T

The Occultist

Senior Member
§ 46.2-830. Uniform marking and signing of highways; drivers to obey signs; enforcement of section.

The Commonwealth Transportation Board may classify, designate, and mark state highways and provide a uniform system of marking and signing such highways under the jurisdiction of the Commonwealth. Such system of marking and signing shall correlate with and, so far as possible, conform to the system adopted in other states.

All drivers of vehicles shall obey lawfully erected signs.

No provision of this section relating to the prohibition of disobeying signs or violating local traffic signals, markings, and lights shall be enforced against an alleged violator if, at the time and place of the alleged violation, any such sign, signal, marking, or light is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
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Was there a sign somewhere saying you couldn't pull over where you did? If there was, you're SoL. Otherwise, I think you can fight this, because I've never heard of a lawfully erected sign stating that one may not relieve himself on the side of the road. Yes, that probably is a legal offense, just not a moving violation as BRN pointed out.
 
justalayman

justalayman

Senior Member
The Occultist said:
Was there a sign somewhere saying you couldn't pull over where you did? If there was, you're SoL. Otherwise, I think you can fight this, because I've never heard of a lawfully erected sign stating that one may not relieve himself on the side of the road. Yes, that probably is a legal offense, just not a moving violation as BRN pointed out.
Click to expand...
I am thinking the cop gave the failure to obey in lieu of giving him a cite for indecent exposure or other lewd conduct. I would think the traffic cite to be less objectionable than a lewd conduct record.

I think the cop can still cite for the more aggregious violation if he chooses to do so.

I would weigh the options well before trying to escape a (probably) justifiable ticket.
 
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