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VA ticket/case report dont match!!!!!!!!!!

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yoohoova

Junior Member
i reside in the great state of Virginia. a quick summary of what happened. i was driving, made a double lane change into a turning lane with a turn signal, cop saw it pulled me over for an improper lane change. he then said he smelled weed and searched my car, he wrote me with two tickets, ticket number 1 has the law section as 26.8 (46.2-848), LIS > Code of Virginia > 46.2-848 and under charge is says "unsafe/improper lane change" .the law section he wrote was for a failure to use turn signals. the second ticket was a pwid less than 1/2oz. not worried about getting out of that one. but back to the first ticket which is listed on the court docket as 46.2-848, failure to use turn signals. after reading the case report the officer wrote "...vehicle moved from center lane crossing two lanes, to the right turn lane of jefferson avenue. occured during heavy traffic conditions + the vehicle did use a turn signal". now the ticket is written for law section stating failure to use turn signal, but the cop wrote that he saw me use a turn signal, it kind of raises some questions. he did not state that i cut off or impeded another vehicle, caused an accident or anyone to swerve/touch the brakes. so my question is will the fact that the law section on the ticket doesnt match up with the charge description on the ticket and the fact he documented he saw me use a turn signal help me with my case? im trying to build some reasonable doubt, or that they had a false reason to stop me. any insight would be appreciated.
 


Zigner

Senior Member, Non-Attorney
i reside in the great state of Virginia. a quick summary of what happened. i was driving, made a double lane change into a turning lane with a turn signal, cop saw it pulled me over for an improper lane change. he then said he smelled weed and searched my car, he wrote me with two tickets, ticket number 1 has the law section as 26.8 (46.2-848), LIS > Code of Virginia > 46.2-848 and under charge is says "unsafe/improper lane change" .the law section he wrote was for a failure to use turn signals. the second ticket was a pwid less than 1/2oz. not worried about getting out of that one. but back to the first ticket which is listed on the court docket as 46.2-848, failure to use turn signals. after reading the case report the officer wrote "...vehicle moved from center lane crossing two lanes, to the right turn lane of jefferson avenue. occured during heavy traffic conditions + the vehicle did use a turn signal". now the ticket is written for law section stating failure to use turn signal, but the cop wrote that he saw me use a turn signal, it kind of raises some questions. he did not state that i cut off or impeded another vehicle, caused an accident or anyone to swerve/touch the brakes. so my question is will the fact that the law section on the ticket doesnt match up with the charge description on the ticket and the fact he documented he saw me use a turn signal help me with my case? im trying to build some reasonable doubt, or that they had a false reason to stop me. any insight would be appreciated.


From your link:

§ 46.2-848. Signals required on backing, stopping, or turning.

Every driver who intends to back, stop, turn, or partly turn from a direct line shall first see that such movement can be made safely and, whenever the operation of any other vehicle may be affected by such movement, shall give the signals required in this article, plainly visible to the driver of such other vehicle, of his intention to make such movement.


You were cited for failing to assure that your movement could be made safely.
 

yoohoova

Junior Member
no, i did make sure i could make it safetly and i did. noone got cut off, swerved or did anything from direct cause of me. i did a mirror and turned my head check. the law code is failure to use turn signals, and the case report says i used them. read it entirely next time. i just need some advice.
 

Zigner

Senior Member, Non-Attorney
no, i did make sure i could make it safetly and i did. noone got cut off, swerved or did anything from direct cause of me. i did a mirror and turned my head check. the law code is failure to use turn signals, and the case report says i used them. read it entirely next time. i just need some advice.
You were cited for an unsafe lane change. The law code is clear. The cite is clear.
 

yoohoova

Junior Member
§ 46.2-848. Signals required on backing, stopping, or turning.

Every driver who intends to back, stop, turn, or partly turn from a direct line shall first see that such movement can be made safely and, whenever the operation of any other vehicle may be affected by such movement, shall give the signals required in this article, plainly visible to the driver of such other vehicle, of his intention to make such movement.


the charge was listed as unsafe lane change, the law section was failure to use turn signals. i used turn signals and made sure i could make the turn. if it was unsafe he would have written me with a ticket for unsafe operation or whatnot. not failure to use turn signals. the law says that whenever someone is going to turn, i have to check to see if it can be made safetly, and whenever my movement would affect another vehicle i am reuired to use a turn signal.
 

Zigner

Senior Member, Non-Attorney
§ 46.2-848. Signals required on backing, stopping, or turning.

Every driver who intends to back, stop, turn, or partly turn from a direct line shall first see that such movement can be made safely
and, whenever the operation of any other vehicle may be affected by such movement, shall give the signals required in this article, plainly visible to the driver of such other vehicle, of his intention to make such movement.


the charge was listed as unsafe lane change,
the law section was failure to use turn signals. i used turn signals and made sure i could make the turn. if it was unsafe he would have written me with a ticket for unsafe operation or whatnot. not failure to use turn signals. the law says that whenever someone is going to turn, i have to check to see if it can be made safetly, and whenever my movement would affect another vehicle i am reuired to use a turn signal.
No, it does NOT require you to simply "check" that the move can be made safely. It requires that the movement can be made safely. The officer felt your movement wasn't safe.

Get the "use of signals" out of your mind, that's NOT what you were cited for.
 

yoohoova

Junior Member
but if noone else was affected by my movements, and were warned. how is it an unsafe lane change? and why would he put the law code as turn signals required ect ect. idk it just seems stupid since he could have written me for a wreckless/ careless driving.
 

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