Legal Question in Traffic Law in Virginia

radar detector

Recently, I drove through Virginia and was unaware of the ordinance banning radar detector use in the state. I had just gotten on the highway when an officer pulled me over and proceeded to cite me for the offense. I had no idea the law existed and was not even speeding. I live in Georgia and have a GA licence and plate. The officer told me there are signs posted on the highway, but I honestly saw none. I came in to the state under heavy rain and at night so I may have missed the sign at the entrance of the state, but still... I am not sure that this ticket is fair. Do you know how I can get this overturned without having to go to VA for the court date?


Asked on 5/20/03, 4:13 pm

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

Re: radar detector

Your only chance to get it dismissed is by appearing in court and telling your side of the case to the judge.

The fact that you did not see any warning signs of the ban posted along the highway nor have any

knowledge that it was illegal to be in possession of these items in Virginia, is irrelevant, from a strictly legal point of view, since, as the old adage goes, ignorance of the law is no defense.

When you enter upon a Virginia highway, you're presumed to "know" all the laws required to operate your vehicle in a safe and lawful manner, and in full compliance with the Va. Traffic Code.

However, from the human perspective, a judge might be sympathetic to your case, after hearing the particular details, and, might decide to give you a break.

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Answered on 5/20/03, 6:28 pm


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