What is the name of your state (only U.S. law)? Virginia
I was pulled over in Hanover County Virginia and levied a ticket of 64 in a 45 (truth be told, I was going a bit faster but the officer dropped it down a bit to avoid reckless), law section 12.1 46.2 – 878. This is “Speeding in a Residence Zone” and carries a fine of 200.00 plus 7.00 for every mile over the posted limit. This is as opposed to a normal speeding charge carrying a fine of 5.00 for each mile over the limit.
There is no question I was speeding, but I am seeking clarification on the “residence zone” statute. It certainly did not look like a residence zone (double lane highway just off of Interstate 295), but a little further down from where I was pulled over, houses do line the highway.
The aforementioned code of Virginia reads as follows:
Ҥ 46.2-878.2. Maximum speed limits in certain residence districts of counties, cities, and towns; penalty.
Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commonwealth Transportation Board or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (i) such highways are experiencing documented speeding problems and (ii) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county's secondary system construction allocation.”
So I interpret that to mean a sign should be posed indicating a residential area, unless the following legal “criteria” text is some way of getting out of the signage requirement.
I do not recall seeing a residential sign, how do I find out if the specific area I was pulled over in is classified as a residential zone?
There were about 6 cops pulling people over so I assume they should have all of us dead to rights, but the residential thing is bugging me considering there were no houses nearby and no sign (that I was aware of) indicating as such. I would like to know if I have grounds for arguing a guilty plea for the lesser charge of speeding, what do I need to prove the lesser charge is warranted (i.e. lack of signage, official record of residence zones?). How should this be approached in court? Not guilty citing the wrong charge? How do I determine if the area I was in was indeed a residencial zone? Is this something that should be asked in court?
Any advice is appreciated.
I was pulled over in Hanover County Virginia and levied a ticket of 64 in a 45 (truth be told, I was going a bit faster but the officer dropped it down a bit to avoid reckless), law section 12.1 46.2 – 878. This is “Speeding in a Residence Zone” and carries a fine of 200.00 plus 7.00 for every mile over the posted limit. This is as opposed to a normal speeding charge carrying a fine of 5.00 for each mile over the limit.
There is no question I was speeding, but I am seeking clarification on the “residence zone” statute. It certainly did not look like a residence zone (double lane highway just off of Interstate 295), but a little further down from where I was pulled over, houses do line the highway.
The aforementioned code of Virginia reads as follows:
Ҥ 46.2-878.2. Maximum speed limits in certain residence districts of counties, cities, and towns; penalty.
Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commonwealth Transportation Board or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (i) such highways are experiencing documented speeding problems and (ii) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county's secondary system construction allocation.”
So I interpret that to mean a sign should be posed indicating a residential area, unless the following legal “criteria” text is some way of getting out of the signage requirement.
I do not recall seeing a residential sign, how do I find out if the specific area I was pulled over in is classified as a residential zone?
There were about 6 cops pulling people over so I assume they should have all of us dead to rights, but the residential thing is bugging me considering there were no houses nearby and no sign (that I was aware of) indicating as such. I would like to know if I have grounds for arguing a guilty plea for the lesser charge of speeding, what do I need to prove the lesser charge is warranted (i.e. lack of signage, official record of residence zones?). How should this be approached in court? Not guilty citing the wrong charge? How do I determine if the area I was in was indeed a residencial zone? Is this something that should be asked in court?
Any advice is appreciated.
