Fighting Passing on a Double Yellow?

[DopeyWV]

What is the name of your state? West Virginia

I am going to court to fight this today at 3:30pm eastern time. I was just wondering if anyone thought I had a chance at winning.

I was on my way home from work, a car in front of me decided to turn without using his signal. I was able to slow down enough, but while he turns he stops. I'm on a road that you used to be able to pass people on, so it is straight and I could see nobody was coming. The vehicle in front of me was about half on, half off the road. So I just pulled around him and honked to let him know I was passing him.

About 3 minutes later about 150 yards from my neighborhood, the cop finally catches up with me. Wanted to give me a felony evasion charge, speeding, and passing on a double yellow. He ended up only giving me the passing on the double yellow.

Also, when he pulled me over, he was out of his jurisdiction.

Now, I have a couple neighbors who are cops (not for the same department) and they said I should fight it, so thats what I'm doing. But do I have a chance at winning it?

[Curt581]

Originally Posted by DopeyWV

I was on my way home from work, a car in front of me decided to turn without using his signal. I was able to slow down enough, but while he turns he stops. I'm on a road that you used to be able to pass people on, so it is straight and I could see nobody was coming. The vehicle in front of me was about half on, half off the road. So I just pulled around him and honked to let him know I was passing him.

I don't see much of a defense. You might have said you had to take evasive action to avoid his stopping, but you already said you had enough room to slow. If the cop saw that, you won't have much to work with.

About 3 minutes later about 150 yards from my neighborhood, the cop finally catches up with me. Wanted to give me a felony evasion charge, speeding, and passing on a double yellow. He ended up only giving me the passing on the double yellow.

Sounds like he gave you a major break. I guarantee you won't get any more from him. If he testifies on all that, you're going to have a hard time convincing a judge of anything.

Also, when he pulled me over, he was out of his jurisdiction.

Irrelevant. The violation occurred IN his jurisdiction.

But do I have a chance at winning it?

Slim.

If they make an offer to reduce, think about taking it.

[DopeyWV]

Ok, I didn't word that quite right and I guess the case would depend on the wording, huh?

I did forget to mention the car that turned didn't use a signal. I saw him hit his brakes and slowed down. He turned his signal on while turning and I was still slowing down, but didn't stop and then he did stop.

Eh, that didn't make sense either. I slowed enough for him to have time to turn, but when he stopped I probably would have locked up my brakes, so I went around him.

I'm not sure if I could have gotten stopped (maybe, maybe not). I've never fought a ticket before and am only doing so because my neighbor's (other cops) thought I should.

I also don't believe the cop was in his cruiser at the time. This happened about 30-40 yards pass the police station. So, I don't think he had any of it on the camera in the car, so he really couldn't prove what happened. It would be my word against his. But I would think the judge would side with the cop.

If I fight it an lose, would they be able to charge me with speeding since the cop didn't origionally cite me for it? Or add on aditional charges? The fine right now is $170. I just hate paying court costs when I don't take it to court.

The last speeding ticket I got was like $180-$190 and the fine for the speeding was only $20 of that. The rest was court costs and other BS, and I didn't take it to court.

Thanks a lot for the help though. I wish I would have found this site sooner.

[kyblue]

Having just been to court in VA and listening to a lot of different defendant's stories and outcomes I can make this suggestion.

I would plead no contest, not "guilty" or "not guilty". If you explain to the judge (and be certain to refer to him/her as "your honor") that you did slightly pass the double yellow but only to avoid a turning car that had stopped in front of you in the lane, chances are that you will get a reduced fine and pay court costs. Try not to get too wordy with your exlpaination or make it sound like you are100% innocent and the officer is not being truthful. In most cases that are not severe, the outcome usually is a reduced penalty if you do appear and show respect for the judge, the officer citing you as well as the situation that occurred. I am not certain that you will be able to get the entire ticket dropped, I would just hope for a reduced payment.

[Crazed98]

Originally Posted by kyblue

If you explain to the judge (and be certain to refer to him/her as "your honor") that you did slightly pass the double yellow but only to avoid a turning car that had stopped in front of you in the lane, chances are that you will get a reduced fine and pay court costs.

Personally, I wouldn't say anything like that because what did you get the ticket for? Passing the double yellow.

Slightly passing the yellow makes no difference because you cannot slightly break the law you either did or didn't. And in this case you obviously did.

You won't go to far arguing that if you did not pass him you would have hit him because not matter what you should have kept enough distance behind him to be able to stop if he decides to stop.

As Curt said it looks very slim that you will get off without a fine but, if they offer you a reduction take it.