Legal Question in Traffic Law in Virginia

Pacing from HOV lane

I was recently pulled over by a cop who paced me on the interstate from an HOV lane that runs in the center of the highway. The HOV lane is a different piece of pavement that doesn't always run completely parallel, has elevation changes, and a physical divider at all times.

My thought is that since its not the same road exactly it is impossible for him to accurately gauge my speed. i.e. he would have to speed up to catch up around right turns, etc. Any defense here?


Asked on 6/22/07, 2:12 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Pacing from HOV lane

Sure, you could raise that issue if the matter went to trial, but as long as the officer's speedometer was more or less accurately calibrated, the slight physical differences in the two roughly parallel lanes would likely not make for a persuasive argument on your part that the actual speed of the officer's car could've been that much different from that of your vehicle. And, WHERFORE, the likely verdict:

GUILTY as charged.

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Answered on 6/22/07, 3:57 pm


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