Va. HOV/Improper Stopping/Wrong Code Section

[cgmurr]

What is the name of your state?What is the name of your state? Virginia

I dropped my roommate off at school, and then (without thinking) went to get back on the interstate 10 minutes before HOV ended (all of I-66 is HOV, not just one lane). On the on-ramp, I realized it was still HOV and pulled over onto the shoulder of the on-ramp to wait, like I've seen countless cars do every morning. A state trooper then proceeds to issue me a ticket for the HOV violation (which admittedly I deserved, I was stupid) and a ticket for improper stopping on a highway. Then, on the citation, she cites the wrong section of the Va. Code (she cites the section for improper use of "authorized vehicle only" passways).

The only section in the Va. Code I can find that addresses stopping on a highway is 46.2-888, which says that you may not stop on a highway in a manner such "as to impede or render dangerous the use of the highway by others." Pulling over on the shoulder of an on-ramp certainly does not impede traffic on the highway.

First, is this ticket worth fighting on the merits? Second, is there anything to the fact that the officer cited the wrong section (wrong code section, but properly described the violation).

[EvilWizard]

If it were me and I had a clean driving record I would go to court and plead guilty with explanation and try to get at least the stopping on highway violation taken off. I wouldn't necessarily go the route of wrong code cited, but just explain that it was a mistake and you pulled off the side of the road to wait until it was legal to drive in that lane... Judge may give you some leniency, but it will be up to them entirely.

Were you tagged going into Arlington because I hate the way that turns into an HOV only road. I have gotten lucky a few times there in the morning when the brain isnt really working. Besides I get lost everytime I try and go around and find a secondary route into the city.

[xylene]

Originally Posted by cgmurr

On the on-ramp, I realized it was still HOV and pulled over onto the shoulder of the on-ramp to wait, like I've seen countless cars do every morning.

Pulling over on the shoulder of an on-ramp certainly does not impede traffic on the highway.

You got a ticket because cars do it all the time! They are trying to discourage that dangerous behavior. I feel your pain, I HATE HOVs and they should be banned for reasons like this, creating pathological driving behaviors while not promoting car pooling at all... What you did was extremely dangerous.

Pulling over on a highway without cause, especially the onramp is very dangerous for you and your FELLOW CITIZENS. The onramp is were I need to be accelerating to merge with traffic, not hesitating because I don't know what is up with your car.

Not to mention if there was a sudden accident. You are in the only escape route, which is why the highway shoulder is for emergency stopping only.

Be thankful the consequences were legal and not getting sprayed by a truck.