Legal Question in Traffic Law in Virginia

I received a speeding ticket in Fauquier Cty on a rural road. I was going 60/45. The code the Officer (who didn't ask me anything at the time he pulled me off the road from his perch in the bushes) wrote on the ticket is VA code 46.2-878, which I am a little unclear about in general (why is this area considered residential when there are no sidewalks and all houses are a mile back from the road? What does it have to do with the right to change the speed limit? It was not a work zone...) I have a few questions because I was actually passing someone in front of me who was driving erratically and I was in front of someone who was tailgating me and giving me the finger every time I braked for the person in front of me. As someone who has to drive from Catlett VA to Hyattsville, MD, everyday for work, I take great pains to be a safe driver and felt that the speed trap set up was unfair at such a short distance from the oncoming passing lane (2 lane road). Is there anything I can do or say to explain this and get a reduced fine? I can't afford the money. Can I get Community Service? Any help would be greatly appreciated, my court date is Sept. 15. Thank you!


Asked on 8/31/10, 3:25 pm

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

Va Code Section 46.2-878 merely states that the Commonwealth's Commissioner of Transportation or other designated authority with jurisdiction over the Commonwealth's highways is empowered to raise or lower speed limits on such highways or impose differentiated speed limits for day or night driving and that it is a violation of law to exceed these posted limits.

I would suggest that on the morning of your scheduled hearing that you approach the prosecutor or police officer in charge of handling the disposition of your case for the Commonwealth and determine whether you might complete a designated driver's improvement course in lieu of pleading guilty. And, if such a disposition is not available or declined, then you might explain to this person whatever mitigating circumstances might apply to your case and then offer to plead guilty to 54 in a 45 mph zone.

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Answered on 9/12/10, 8:40 pm


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