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80/60 Culpeper, VA (speeding, wrong statute, broken speedometer)

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aliljet

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

A long time ago I actually came to this site to ask questions about another speeding ticket I had gotten, and I was very happy with the help I was offered -- especially by one user named James Young. So, I'd like to try my hand at getting help again...

So, let me explain the story first. On November 11, 2006, I was driving on US-29 North to DC for an Interview and was driving with the flow of traffic. My speedometer for sometime had been working off and on and this morning things were no different so I was relying partly on it and the "flow of traffic," in order to justify my speed. At any rate, as I was driving through Culpeper county, I was driving over a hill and immediately over the hill, a cop was prepared with a speeding trap, and I was sadly caught. He didn't turn his lights on immediately, but I knew I had been caught so I took a right turn on a road immediately to the right of US-29 North, and pulled over. He asked me a few questions about where I was going and if I was speeding, etc. He also suggested that I might have been evading, but I told him I pulled over for him. He accepted that response, and then continued questioning me about whether or not I was speeding to which I replied that I had no idea why he was pulling me over and that I was not speeding.

At any rate, he told me I was a "good kid" and gave me a speeding ticket for 80 mph in a 60 mph zone. He also made the claim that he was not giving me a reckless driving ticket. And then he let me go.

I ignored the case for a few months because I was busy with school, but I made sure I got a continuance. My court case is now scheduled for the 24th of January @ 10:00 AM, so I am now preparing to defend myself.

My speedometer has now completely failed and reports 0 mph in all circumstances and I am going to get this fixed day after tomorrow (January 9, 2007), but I'll probably get the speedometer calibrated tomorrow before I get the car fixed so I can demonstrate the problem and the fix. This will probably constitute my best argument about why this is a case of defective equipment (and I'm not sure what statute that is) and not a case of speeding.

My second line of defense is predicated on the cop charging me with violating 46.2-878 of the Code of Virginia which is not related to my speeding at all -- as far as I can tell. In fact, the provisions in that section are related to Authority to change speed limits (46.2-878), Maximum speed limits in highway work zones; penalty (46.2-878.1), Maximum speed limits in certain residence districts of counties, cities, and towns; penalties (46.2-878.2), and Prepayment of fines for violations of speed limits (46.2-878.3). I know for a fact that the area I was driving through was not a work zone, but I'm not sure about 46.2-878.2. Also, I am left wondering if he actually even charged me with these subsections of 46.2-878 -- they are all different components, and there are no penalties related to 46.2-878 (the part of the code he actually charged me with).

Also, I'm seriously wondering about whether or not the court or the officer can change my charges during the procedure? If they are claiming that I have gone 80/60, I am sill theoretically liable for reckless driving in the Commonwealth of Virginia.

What suggestions do you have for this?


I would like to get a copy of the officer's notes, the calibration of his radar/lidar, but I'm not sure how the procedure works for this kind of thing. Please advise =)

my e-mail address is also pg8p at virginia dot edu, so if there are template documents that any of you have that allow me to make motions, I'd love to grab them from you =).


THANKS,
aliljet


P.S. my last case several years ago was a 58/45 and after I continued, the judge continued when the officer missed the court date, and then during the third trial date, the Judge dismissed the case because the officer was unprepared. And I owe quite a bit of thanks to this site for that! :)
 


What is the name of your state? Virginia - VA

A long time ago I actually came to this site to ask questions about another speeding ticket I had gotten, and I was very happy with the help I was offered -- especially by one user named James Young. So, I'd like to try my hand at getting help again...

So, let me explain the story first. On November 11, 2006, I was driving on US-29 North to DC for an Interview and was driving with the flow of traffic. My speedometer for sometime had been working off and on and this morning things were no different so I was relying partly on it and the "flow of traffic," in order to justify my speed. At any rate, as I was driving through Culpeper county, I was driving over a hill and immediately over the hill, a cop was prepared with a speeding trap, and I was sadly caught. He didn't turn his lights on immediately, but I knew I had been caught so I took a right turn on a road immediately to the right of US-29 North, and pulled over. He asked me a few questions about where I was going and if I was speeding, etc. He also suggested that I might have been evading, but I told him I pulled over for him. He accepted that response, and then continued questioning me about whether or not I was speeding to which I replied that I had no idea why he was pulling me over and that I was not speeding.

At any rate, he told me I was a "good kid" and gave me a speeding ticket for 80 mph in a 60 mph zone. He also made the claim that he was not giving me a reckless driving ticket. And then he let me go.

I ignored the case for a few months because I was busy with school, but I made sure I got a continuance. My court case is now scheduled for the 24th of January @ 10:00 AM, so I am now preparing to defend myself.

My speedometer has now completely failed and reports 0 mph in all circumstances and I am going to get this fixed day after tomorrow (January 9, 2007), but I'll probably get the speedometer calibrated tomorrow before I get the car fixed so I can demonstrate the problem and the fix. This will probably constitute my best argument about why this is a case of defective equipment (and I'm not sure what statute that is) and not a case of speeding.

My second line of defense is predicated on the cop charging me with violating 46.2-878 of the Code of Virginia which is not related to my speeding at all -- as far as I can tell. In fact, the provisions in that section are related to Authority to change speed limits (46.2-878), Maximum speed limits in highway work zones; penalty (46.2-878.1), Maximum speed limits in certain residence districts of counties, cities, and towns; penalties (46.2-878.2), and Prepayment of fines for violations of speed limits (46.2-878.3). I know for a fact that the area I was driving through was not a work zone, but I'm not sure about 46.2-878.2. Also, I am left wondering if he actually even charged me with these subsections of 46.2-878 -- they are all different components, and there are no penalties related to 46.2-878 (the part of the code he actually charged me with).

Also, I'm seriously wondering about whether or not the court or the officer can change my charges during the procedure? If they are claiming that I have gone 80/60, I am sill theoretically liable for reckless driving in the Commonwealth of Virginia.

What suggestions do you have for this?


I would like to get a copy of the officer's notes, the calibration of his radar/lidar, but I'm not sure how the procedure works for this kind of thing. Please advise =)

my e-mail address is also pg8p at virginia dot edu, so if there are template documents that any of you have that allow me to make motions, I'd love to grab them from you =).


THANKS,
aliljet


P.S. my last case several years ago was a 58/45 and after I continued, the judge continued when the officer missed the court date, and then during the third trial date, the Judge dismissed the case because the officer was unprepared. And I owe quite a bit of thanks to this site for that! :)

Given that Culpeper Co is the headquarters of VSP division 2 ALWAYS take care never to speed on 29. That said, all you can really hope for is that the judge won't throw the whole $1000 fine at you (which is unlikely). But you don't have an argument with the malfuntioning speedometer; you're required to have all vehicle equipment working at all times, and that the speedometer was working intermittently is certainly no defense. Hope that the judge merely fines you for speeding or reduces the charge and the fine. Good Luck.

btw .... when you go to court don't dress too casually, turn OFF your cell, and no hats, etc.
 

aliljet

Junior Member
Given that Culpeper Co is the headquarters of VSP division 2 ALWAYS take care never to speed on 29. That said, all you can really hope for is that the judge won't throw the whole $1000 fine at you (which is unlikely). But you don't have an argument with the malfuntioning speedometer; you're required to have all vehicle equipment working at all times, and that the speedometer was working intermittently is certainly no defense. Hope that the judge merely fines you for speeding or reduces the charge and the fine. Good Luck.

btw .... when you go to court don't dress too casually, turn OFF your cell, and no hats, etc.
I don't have a defective equipment defense? (46.2-1002 was the part of the VA Code I found...)

And what about the part of the code that I was charged with? (46.2-875)

And what about my question related to changes in charges, etc? I wasn't charged with reckless driving, but could they add that or change that as they please?

And how do I go about getting a copy of the officer's notes, the calibration data, etc? I'm not a lawyer, but I'm very interested in making those motions for discovery...

And lastly, I was pulled over by someone that didn't look like he was a part of the VSP. Then again, I don't remember.

And randomly, one last thing .. I misplaced the original copy of my ticket, is there some way I can get a copy of it?

Thanks for your suggestions, btw .. I look forward to your replies. =)

-aliljet
 

Jim_bo

Member
I don't have a defective equipment defense? (46.2-1002 was the part of the VA Code I found...)

And what about the part of the code that I was charged with? (46.2-875)

And what about my question related to changes in charges, etc? I wasn't charged with reckless driving, but could they add that or change that as they please?

And how do I go about getting a copy of the officer's notes, the calibration data, etc? I'm not a lawyer, but I'm very interested in making those motions for discovery...

And lastly, I was pulled over by someone that didn't look like he was a part of the VSP. Then again, I don't remember.

And randomly, one last thing .. I misplaced the original copy of my ticket, is there some way I can get a copy of it?

Thanks for your suggestions, btw .. I look forward to your replies. =)

-aliljet
Dude.... I can appreciate that you are looking for any angle possible to beat a speeding ticket, but you are gonna have to try a lot harder than what you are doing.

First... you cannot use the fact that you were violating one law as a defense for violating another. Give up on the speedometer thing... that one is just bad (and I am being really nice).

Second.... Are you so lazy that you can't read the ENTIRE statute?? 46.2-878 states in part... It shall be unlawful to operate any motor vehicle in excess of speed limits established and posted as provided in this section.

Third... no one changed your charges. You were charged with violating 46.2-878.... period.

Fourth... "And lastly, I was pulled over by someone that didn't look like he was a part of the VSP. Then again, I don't remember" What the hell does this mean? Is this a defense?

Fifth.... Maybe you could call the clerk's office to get a copy of your ticket. Good luck with that.

Sixth... If you want to request discovery, you can ask the clerk if there is a particular format or form to use. However, the prosecution will likely have 30 to respond. If you have a trial date on 24 Jan, then you can't get it. If that is just your arraignment date, maybe you can. Exactly what are you trying to gain from it?
 

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