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VA Impeding the flow of traffic

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Kaden

Member
Virginia

I was driving home at around 12:30AM on a Monday Morning in the far right lane of a 5 lane of a bare interstate. A truck went around me and then a trooper pulled me over immediately after. The officer said that i was impeding the flow of traffic. he mentioned that the truck went around me and that I was going 43 by his mobile radar. I told him I was going around 45 and that I didnt see how I was impeding the flow of traffic when I was going 345 0r 43 in a 55 when there was no traffic. He informed me that the speed limit was 60 and it wasnt 55 for about another 1/4 mile. So the ticked reads impeding the flow 43/60 by Miradar.

Is this a legitmit ticket when there is no posted minimum speed limit?
How can i get out of this?

In the other had I didnt feel comfortable with the officer and I wanted to call dispatch to have someone else listening when i was there and he said put the phone down, I aslo told him after that I dont feel comfortable with this and I would like another trooper present and he said that i dont have that right. After it was over, I called the state police office and spoke to a supervisor who confirmed that I dont have that that right and the sargent I spoke to the next day said the same thing.

Is there truly nothing someone can to to protect themselves from the words of an agitated officer?
 


racer72

Senior Member
The ticket is legit, you were an accident waiting to happen. If there was no posted speed limit (highly unlikely), the statutory limit in your state is 55 mph on freeways and limited access highways.

The time to deal with an agitated officer, is after the stop with his bosses or in court. The side of the road is not the place to argue the semantics of the stop. If I was an officer and had to deal with a rolling road block, I would get agitated too.

If you feel you were wronged in anyway, please talk to a local attorney. I am sure that you will find one that will take your money to sooth your shattered pride.
 

Kaden

Member
No, your response didnt bother me in any way, I am just looking for information.
Although I was only defending myself against false statements, I know on my part I should have handeled it differently but, I feel the officer should have as well. Either way, hopefully the way I handle it in the future will help make sure it is a better exchange.

The question that still stands is how can I get out of it?
 

I_Got_Banned

Senior Member
No, your response didnt bother me in any way, I am just looking for information.
That is just a line in racer's signature and it appears in every one of his posts...

Although I was only defending myself against false statements
What false statements?

You admitted that you were driving at 43mph in a 60 mph zone, you admit that a truck had to get around you (because you were impeding his movement)... The officer witnessed both and will likely testify as such! So what "false statements" are you talking about??

The question that still stands is how can I get out of it?
Go to court and argue that your speed did not impede the movement of other traffic around you... You're going to have a difficult time finding a convincing argument considering both statements that I referred to above.... But you're free to give it a try!

Edited to add: You're believing that the officer was wrongfully agitated, that you felt uncomfortable, or that you had a right to have a second officer come to the scene, is NOT by any means a defense to the alleged violation you were cited for. Two separate matters. the citation is handled in court and your complaint is handled by contacting the officer's superior and filing a complaint. Although it sounds like you've already done the latter and it was determined that your so called complaint has no basis!

Good luck!
 
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Kaden

Member
The ticket and how I felt the stop was conducted I hold as 2 seperated questions.

Ticket:
My reason for feeling that i wasnt impeding th flow of traffic was that it was 12:57 AM Monday morning/sunday night and the 5 lane interstate was empty.
Yes a trucked went around me but he could have gone around me no matter what speed I was going. that was his choice. he didnt slow or stay behind me for any time, he just went around. there were 5 lanes to choose from. I was in the far right.

Conduct:
The officer was doing his job. when I was telling him the reason he was picking apart my words to try to see if I was doing something wrong. the pull wasnt about the speed. it was to see if i was impaired or any other violation. the speed was just an opener. but as a person who wasnt in any way intending to be in a position to get a ticket, I felt that it wasnt right and being already stressed I handeled it incorrectly.

I should have just said, Sorry officer, I didnt know that i was breaking any laws by going the speed that I was, but instead i felt that i was pulled for no reason... as I said.. it was a learning experience and I could have handeled it differently.
 

Zigner

Senior Member, Non-Attorney
The ticket and how I felt the stop was conducted I hold as 2 seperated questions.

Ticket:
My reason for feeling that i wasnt impeding th flow of traffic was that it was 12:57 AM Monday morning/sunday night and the 5 lane interstate was empty.
No, it wasn't... :rolleyes:
 

Kaden

Member
Ticket:
My reason for feeling that i wasnt impeding th flow of traffic was that it was 12:57 AM Monday morning/sunday night and the 5 lane interstate was empty.
Yes a trucked went around me but he could have gone around me no matter what speed I was going. that was his choice. he didnt slow or stay behind me for any time, he just went around. there were 5 lanes to choose from. I was in the far right.
The above is all i am asking about at this point.

Based off of my reason, how do I get this ticket dropped?

and should I apologize for defending myself during the officers questions about other things outside of the stop that I could have been doing which were illegal?
 

I_Got_Banned

Senior Member
The above is all i am asking about at this point.

Based off of my reason, how do I get this ticket dropped?
A good place to start would be by reading the code section you were cited for. Although I'm guessing that it applies 24 hours a day, 7 days a week, not just during specific hours. Also, "one truck behind you" does qualify as "other traffic".

So the arguments that you are making in your defense here are not going to help you get the citation dropped.

and should I apologize for defending myself during the officers questions about other things outside of the stop that I could have been doing which were illegal?
I don't know what you said during the stop... So I don't know whether an apology is warranted or not. While it might be a good gesture towards the officer (especially since he was simply "doing his job"), just keep in mind that an apology is not likely to have any effect on the outcome of your case.
 

Kaden

Member
Although the truck can constitute other traffic, If he did not slow to or because of my speed but just went around me as any vechicle would go around another vechicle if they wanted to pass them no matter what the speed was, i dont feel it applies.
 

Zigner

Senior Member, Non-Attorney
Although the truck can constitute other traffic, If he did not slow to or because of my speed but just went around me as any vechicle would go around another vechicle if they wanted to pass them no matter what the speed was, i dont feel it applies.
Good luck in court.
 

I_Got_Banned

Senior Member
Although the truck can constitute other traffic, If he did not slow to or because of my speed but just went around me as any vechicle would go around another vechicle if they wanted to pass them no matter what the speed was, i dont feel it applies.
See, above and beyond what happens in court and regardless of how it ends up, the lesson that needs to be learned here is, you can't get on the interstate and pick and choose your own speed as if you own the road. With you continuing to make the same argument that other traffic should have to adjust to your speed and maneuver around you, its obviously not sinking in.
 

Kaden

Member
i am looking for someone who can assist me whit what is important to express to the judge to possibly get this ticket dropped. There is not need for any other responses as i am aware of what needs to be done as not to have this issue in the future.

What i feel to be the Key to my situation is that all 5 lanes were clear, the weather was clear, and the road was flat for 2 miles behind me, and I was in the far right lane(the unofficial slow lane). An 18 wheeler needs more of a distance to safely get around another vechicle then a smaller vechicle thus there would have been no recourse to be made on my end because he made his decision to go around me was done further behind me. Also, he did not slow his rate of speed.
 

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