Failure to obey a highway sign - Virginia

[hammanta27]

What is the name of your state? Virginia

So this morning I was ticketed on the interstate by a State Trooper for Failure to Obey a Highway sign. It was for speeding but the officer's own words were "I don't know the speed, I just know how fast I was going."

I had been following this officer for around 6 miles. My cruise control was set at 75mph in a 70mph zone. He was cruising in the left lane for 6 miles (now illegal in VA) and going above the speed limit as well. We both began slowing down approaching a limit of 65mph. He was in the left lane, I was in the right. I slowed down to 67-69mph, he slowed down and got behind me (thought he was trying to exit). I was attempting to pass the car that was going below the speed limit in front of me when the officer turned his lights on.

I realize 3mph over is still breaking the law but just 2 minutes earlier he was breaking it as well as cruising in the left lane for miles. Instead of giving me a speeding ticket for 3-4mph over he gives me a vague "failure to obey a traffic sign" citation because he didn't know my speed. The cost will still be over $100.

Do I have any hope of fighting this in court? For me it's mainly the principle of the matter. Thank you for your advice.

 

[Zigner]

In other words, you were speeding (exceeding the maximum posted speed) and the cop gave you a break. I'm offended that you weren't cited for speeding (mainly, it's the principle of the matter).

 

[HighwayMan]

You were given a break by the Trooper. You can whine all you'd like that HE was also breaking the law but that will be totally irrelevant in court - no judge will give two hoots about that and it doesn't change the fact that you were in violation.

The bottom line is that you were given a good deal on the side of the road. If you choose to fight this in court I see a very bad result for you especially when the Trooper testifies as to the facts and circumstances.

 

[hammanta27]

How is that a good deal? He had no idea what speed I was going and had no proof other than his word to back it up that I was even speeding. 3mph over isn’t anything to worry about. My 80 year old grandmother has gone 3mph over the speed limit. A simple touch of the pedal can put you 3 mph over. You have gone 3mph over. My point is does the fine fit the crime. Hell its probably less of a fine to get a 3mph speeding ticket than this citation. And why can’t he be held accountable. He’s breaking the law in which tax payers pay for him to uphold. Yet my word would never stand. All I could do would be to call his office with no reprocusdions whatsoever.

 

[Zigner]

How is that a good deal? He had no idea what speed I was going and had no proof other than his word to back it up that I was even speeding. 3mph over isn’t anything to worry about. My 80 year old grandmother has gone 3mph over the speed limit. A simple touch of the pedal can put you 3 mph over. You have gone 3mph over. My point is does the fine fit the crime. Hell its probably less of a fine to get a 3mph speeding ticket than this citation. And why can’t he be held accountable. He’s breaking the law in which tax payers pay for him to uphold. Yet my word would never stand. All I could do would be to call his office with no reprocusdions whatsoever.

He was pacing you

 

[PayrollHRGuy]

The officer has a calibrated speedometer in his vehicle. He could have ticketed you for 75 mph. He didn't.

 

[Zigner]

Furthermore, testimony ("his word") is evidence. The officer's will be pitted against your self-serving testimony. Who holds more credibility?

 

[Zigner]

And, one final thing...you are ADMITTING to speeding...

 

[FlyingRon]

Following a cop around while exceeding the speed limit is fool-hardy. There's no minimum threshold for allowable speeding. The fact that he may have also broken traffic laws means NOTHING to your guilt.

You can try arguing this in GDC, but I'm not seeing a real defense. The officer will say that he paced and you were exceeding the speed limit by some undetermined amount. That's going to be enough for most judges. On the other hand, it costs you nothing to try. If you've got a natural +5 anyhow, some judges might waive the fine (but not the costs) or the like.

 

[hammanta27]

More reasonable answer. I figure a few over wasn’t a big deal. I was mistaken. Thank you for your reply.

I guess what frustrates me is that I wasn’t even given a speeding ticket. A 3mph over speeding ticket would cost me less than a “FTOHS” citation, which is $97 in my state + $50+ in court fees (3-points driving record) whether I pay it online or not. To me this is not reasonable for such a minor offense in which almost everyone commits daily and in which the officer himself was committing (probably daily as well). To me there’s an unwritten rule that it’s generally not worth the hassle for such a minor offense that could cost someone (depending on their situation) a decent chunk of money or time off work to fight it. It’s like giving someone a fine for littering when spitting gum into the grass. Its technically against the law but really It’s petty. Even if I plead not guilty it’s his word against mine and I will lose probably every time. My driving record is nearly perfect with 1 ticket in 13 years.

 

[Zigner]

To me this is not reasonable...

You are free to lobby your legislators for a change to the law...

 

[not2cleverRed]

More reasonable answer. I figure a few over wasn’t a big deal. I was mistaken. Thank you for your reply.

I guess what frustrates me is that I wasn’t even given a speeding ticket. A 3mph over speeding ticket would cost me less than a “FTOHS” citation, which is $97 in my state + $50+ in court fees (3-points driving record) whether I pay it online or not. To me this is not reasonable for such a minor offense in which almost everyone commits daily and in which the officer himself was committing (probably daily as well). To me there’s an unwritten rule that it’s generally not worth the hassle for such a minor offense that could cost someone (depending on their situation) a decent chunk of money or time off work to fight it. It’s like giving someone a fine for littering when spitting gum into the grass. Its technically against the law but really It’s petty. Even if I plead not guilty it’s his word against mine and I will lose probably every time. My driving record is nearly perfect with 1 ticket in 13 years.

The problem with you is that you can't even do basic math.

75 - 70 = 5, and 5 > 3.
69 - 65 = 4, and 4 >3.

You weren't just 3 mph over the speed limit, and you were consistently above the speed limit while being observed.

 

[hammanta27]

And the problem with you is that you lack simple reading comprehension. I said 67-69 as in my odometer is not digital and there’s no way to tell a range accurately between 65-70mph. I took the mean value as in it was above 65 and below 70. Also I was not cited for 75 in a 70. He specifically said that I was speeding when passing the car ahead of me and that the speed limit was 65mph. Which was the point where I was going below 70. I asked how fast I was going and he replied “I do not know.”

This forum must contain all cops, ex-cops. Relax guys I’m not insulting any of you. I asked a simple question whether it would be worth it to go to court. I guarantee most of you would be upset as well .

I live in a town where cops break the law each and everyday through speeding, have had scandals, DUIs, gotten their kids off from charges, etc. You damn right I’m gonna be pissed about a minor infraction that most people wouldn’t even get a tap of the brake for.

 

[Zigner]

And the problem with you is that you lack simple reading comprehension. I said 67-69 as in my odometer is not digital and there’s no way to tell a range accurately between 65-70mph.

In other words, you really don't know how fast you were traveling, but it certainly could have been 69mph. As an aside, I have been able to tell within 1mph what my speed is in every car I've had with non-digital speedometer. That includes my truck with oversize tires that required me to work out the percentage while I was driving.

 

[hammanta27]

It could have been 69 could have been 66. The needle was below 70. What’s the point? You want 1mph I’ll give it to you. The point is it’s petty especially when people speed all the time at 5-10 mph over and don’t even get a second glance. Or the point where favoritism, looks and connections get others out of certain tickets.r. Or where a cop having a bad day versus a good day matters more than the actual crime being committed. In my state 4mph is $24 fine plus court costs. I will now pay double that fine because the officer decided not to use radar and charge me with some vague Failure to obey a highway sign.