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Failure to Obey Highway Sign

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bgrant1220

Junior Member
What is the name of your state (only U.S. law)? Virgina

I was stopped by a Fairfax County police officer yesterday and charged with failure to obey a highway sign. This was at the intersection of Rt 50 and Lee Rd. I had just gotten off Rt 28, where the exit ramp flows into a right turn only lane at Lee Rd. The right turn only lane is rarely used, since it goes to a restricted area near Dulles Airport. It's approximately 1000 ft between the end of the ramp and the intersection, and approximately 500 ft between the end of the ramp and the signage that it is a right turn only lane. The highway is actually in construction after the intersection because the three lane highway (not including the right turn lane) converts to a 2 lane highway just after the intersection, meaning that anyone exiting Rt. 28 is required to merge not once but twice in the span of about 1200 ft. They just began working to expanding the 2 lane section to 3 to alleviate some of the traffic problems.

I don't know if anyone has driven in this area at rush hour, but it's like trying to shove 50 lbs of meat in a 4 lb sausage, and traffic backs up bumper to bumper for at least a mile or two before the intersection, both on Rt 50 and on the exit ramp on Rt 28, and VA drivers are notorious for not letting other drivers merge in. I had tried multiple times to merge into the rightmost lane that was not the turning lane (which also ends right after the intersection) with no success, and slowly moved up the turning lane. Eventually I knew the lane was ending, so I stopped all motion, had my left blinker on, and waited for someone to let me through. Eventually, someone did and I went on my way.

Apparently, there had recently (probably within the last 15-20 min before my arrival) been a minor fender bender at this merge point, and an officer was sitting just after the intersection in the merging lane where the 3 lanes turn into 2. He was just pointing at various drivers doing the same thing I did and signalling them to pull over. He did that at least 3 times that I witnessed, one before me and one after me. He ticketed the first driver with presumably the same offense as me, and let the third one go after a minute or two, I'm not sure why. The officer stated I had plenty of opportunity to merge prior to the point I did (I was about 100 ft or so before the intersection when I merged) and that they were enforcing the signage (4 right turn arrows on the roadway) because they have 13 fender benders a day in this area. I personally believe it is safer to find a merge spot where someone is willing to let you in than to try an jam into traffic in the small window of opportunity available between the exit lane and where the first sign that it's a right turn only lane occurs. I have actually witnessed other drivers attempt to to make it all the way from that exit lane from Rt 28 to the left turn only lanes, meaning they have to merge through the 3 straight lanes to the 4th or 5th lane on the left side, which I think is just suicide.

Anyway to make a long ranting story short, this offense is a four pointer in the state of VA, and I am trying to come up with the best way to fight it. I moved to Virginia a year ago and I've already taken the safe driving course, but I also have another unrelated traffic charge that I am going to court for in the next few weeks, and I am not sure how that will end up or how it might or might not affect my options here.
 


HighwayMan

Super Secret Senior Member
VA drivers are notorious for not letting other drivers merge in.
That's a pretty lame excuse. Can't be any worse than NYC during rush hour.

I had tried multiple times to merge into the rightmost lane that was not the turning lane (which also ends right after the intersection) with no success
Oh well. Seems like you didn't try hard enough. What would you have done if there was a brick wall there?

The "no one would let me in" line is not one that a judge will lend any credibility to. Being unable to move over given 1200 feet of distance is something that you cannot get away from.
 

bgrant1220

Junior Member
As an aside, I used to live in the Hoboken/Jersey City area and have on occasion travelled through NYC during rush hour. I can tell you from experience that traffic is as bad or worse in Northern VA.

Regardless, I am not looking to make anonymous excuses on the Internet. I am looking for advice on handling this situation in court, since I don't have $1k lying around to hire an attorney.
 

davidmcbeth3

Senior Member
one lane had a right turn only sign ... and you did not turn right? Your original posting is full of so much unimportant garbage.

Is the sign posted properly? Is it a regulatory sign (ie in black and white?).

Sounds like you were in a right turn lane and turned left or went straight because you could not merge into another lane.

You could have stopped and waited (forever maybe) to get into a lane where the law allowed you to go where you desired to go.

Your only defense is one of an improper sign posting. Your traffic argument is a losing one. Go back and check the sign and see if it conforms to the MUTCD. If you don't want to then just pay the ticket or go to court & hope the officer does not show up to court.
 

bgrant1220

Junior Member
The lane I was in was marked with arrows on the pavement, I am not sure if there was an actual sign posted. I merged successfully from the lane I was in to the next lane over, but I guess the issue was that I had done it to far up in the lane, which is the same exact lane used for exiting the previous roadway.

Here is a crude diagram. The exit lane (the one I was on after coming off the previous highway) is at the bottom. The arrows started at the 5th = and I had merged in the next lane by the 7th =. The intersection where I would have had to turn right is at the ||. I got stopped shortly before the next lane ended, before the / in the diagram.

=================
=================
============/
========||
 
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justalayman

Senior Member
so, you pulled as far down the right turn lane and simply stopped there until you could merge into the through lane? Ever think you would be blocking the turn lane? Were you?

Did you go beyond the broken white line separating the through lane and the right turn lane and to where there was then a solid white line (that you would have had to cross to get into the through lane)?

I am curious as to why you refer what appears to be the roadway to the Air and Space Museum as:

The right turn only lane is rarely used, since it goes to a restricted area near Dulles Airport.
and then continues on around to meet route 28 again.

Am I looking at the correct roadway and intersection?
 

FlyingRon

Senior Member
I am QUITE familiar with that intersection. Go to court on it, you've got little to lose but some wasted time. If you stopped well short of the intersection, I don't understand what else they'd expect.

The worse scenario is the bozos who just blast right onto Lee road and then without a signal or pause swing wide right like they're going to turn right towards the Baptist Church and then careen a U-turn across four lanes. I've been nearly clobbered twice coming and going out of the Museum gate by such manouvers.

With a clean record, even if you don't beat the charge, you might get the judge to waive the fine.
 

bgrant1220

Junior Member
so, you pulled as far down the right turn lane and simply stopped there until you could merge into the through lane? Ever think you would be blocking the turn lane? Were you?

Did you go beyond the broken white line separating the through lane and the right turn lane and to where there was then a solid white line (that you would have had to cross to get into the through lane)?

I am curious as to why you refer what appears to be the roadway to the Air and Space Museum as:



and then continues on around to meet route 28 again.

Am I looking at the correct roadway and intersection?
If you are looking at the intersection in Google Maps or something, there is a fence on the Air and Space Museum Parkway right after the turn off for Chantilly Baptist Lane, and you can't really proceed past there. The only traffic I've ever see that actually make that turn has been to turn around at the fence and either go straight on Lee Rd. or make a turn back onto Rt 50W either when the light changes or a right on red. Theoretically, if I had done that instead of trying to merge, I probably would have met the letter of the law, but not alleviated the situation that the officer described.

As for whether I merged before or after the solid white line, I am not really sure, as I was concentrating on the traffic at the time. Not really an excuse I guess, but it's what happened.
 

davidmcbeth3

Senior Member
The lane I was in was marked with arrows on the pavement, I am not sure if there was an actual sign posted. I merged successfully from the lane I was in to the next lane over, but I guess the issue was that I had done it to far up in the lane, which is the same exact lane used for exiting the previous roadway.

Here is a crude diagram. The exit lane (the one I was on after coming off the previous highway) is at the bottom. The arrows started at the 5th = and I had merged in the next lane by the 7th =. The intersection where I would have had to turn right is at the ||. I got stopped shortly before the next lane ended, before the / in the diagram.

=================
=================
============/
========||
Symbol markings (arrows) that inform the motorist of mandatory movements are considered supplemental. This means that the mandatory movement must be posted by standard regulatory sign(s). Although these markings help motorists to understand an intersection operation, the signs
are needed because queued vehicles may cover the symbols and obscure them from view by other approaching vehicles. If lanes approaching an intersection become mandatory turn lanes, the arrow marking should be accompanied by the word marking “ONLY”.

above from: http://www.clrp.cornell.edu/workshops/pdf/signs_and_markings_03-08-web.pdf


No sign, no violation. Go back and check. Its a perfect defense. Take pics .. if the officer does not testify that there was a sign, you will win with just that .. motion for summary judgment after state rests its case. Otherwise, you'll have to show no signage.
 

justalayman

Senior Member
If you are looking at the intersection in Google Maps or something, there is a fence on the Air and Space Museum Parkway right after the turn off for Chantilly Baptist Lane, and you can't really proceed past there.

As for whether I merged before or after the solid white line, I am not really sure, as I was concentrating on the traffic at the time. Not really an excuse I guess, but it's what happened.
Now that you mention the fence, I can see that as well.

If you did not pass the solid white line, I would tend to argue (and of course, given the fact the traffic was as you state), that you did attempt to merge up until the point you were presented with the solid white line. Up to that point, you are legally allowed to change lanes.

The only argument I could see defeating you is if the cop testifies you were only using the lane to jump ahead of traffic. If traffic was moving, there is no real argument there. If it was stopped, such an argument could be seen as valid.

maps.google.com/maps?q=dulles+international+airport&ll=38.899813,-77.444537&spn=0.003202,0.004544&fb=1&gl=us&hq=dulles+international+airport&cid=0,0,14723038109464891476&t=h&vpsrc=6&z=18

I cannot find the sign on Google maps but there is sign that I cannot read about halfway between the exit ramp and the intersection that could be it. You also have the highway markings that indicate a right turn only lane that start about the same place.
 
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davidmcbeth3

Senior Member
Now that you mention the fence, I can see that as well.

If you did not pass the solid white line, I would tend to argue (and of course, given the fact the traffic was as you state), that you did attempt to merge up until the point you were presented with the solid white line. Up to that point, you are legally allowed to change lanes.

The only argument I could see defeating you is if the cop testifies you were only using the lane to jump ahead of traffic. If traffic was moving, there is no real argument there. If it was stopped, such an argument could be seen as valid.
You can cross a solid white line.
 

justalayman

Senior Member
You can cross a solid white line.
Yes, I know that but based on what the state says of white lines:

Solid white lines show turn lanes and discourage lane
changes near intersections, and at other locations where lane
changes might be dangerous.
it may make the difference between the judge seeing this as failing to follow the signage or simply not being able to merge as OP states.
 

bgrant1220

Junior Member
Just went back there and there is a sign that says right lane must turn right, so no luck there.

I guess my only option is to go to court, explain to the prosecutor what happened, and hope for a favorable plea deal.
 

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