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"disobeying" traffic signs

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lfdiamond

Guest
the state the ticket was issued was Virginia and the charge is "disobeying" traffic signs. What occurred was that I pulled over to the shoulder briefly to rest due to being tired, I had been there approximately 5 minutes when the officer knocked on my window and when he did this I at that moment had my eyes closed, but had not gone to sleep and was getting ready to start my vehicle back up to start driving. The signs only say that the shoulder is for emergency stopping only, granted they are not rest stops, but when fatigued, is it not better to pull over for a moment then be a risk? I drive for my work and prefer to keep points off of my record, do I have any substance to battle the ticket on or would it be a losing cause to fight it? Thank you!
 


racer72

Senior Member
Being tired and drowsy does not qualify as an emergency. You should have proceeded to the next offramp before taking your catnap. This is the type of citation that a lenient judge may cut some slack. It would be worth try.
 

rabscuttle

Junior Member
What qualifies as an emergency?

Hi, I'm a student at the University of Virginia in Charlottesville, Virginia. I was returning from a trip to Richmond, Virginia when I got a ticket for "failure to obey highway sign" like this poster.

What exactly qualifies as an emergency?

I pulled over on the westbound lanes of I-64 West at around quarter to 7 pm (it was dark at the time) because I suddenly felt very drowsy and began drifting in and out of consciousness. After I stopped (with hazard lights on) I lost consciousness entirely...not sure for how long, because all of a sudden I was awoken by a state trooper shining a flashlight in my face.

Does this qualify as an emergency? Whenever I do night driving and get fatigued, I generally open a window and turn the music up but only stop if I begin to lose consciousness entirely. I would appreciate your thoughts.
 

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