Legal Question in Traffic Law in Virginia

I received a VA 46-2-830 citation for disregard highway sign (Do not stop on Tracks). I stopped in front of the tracks until the lane in front of me was clear, so I could safely cross. While I was waiting I was sideswiped by the train coming at a diagonal from behind me on the left side of my car. I was totally blindsided with no warning: Flashing gate, horn, flashing light or train headlights. There were two other cars behind me at the time. Can I fight the charge of being on the tracks. There are published photographs of my car next to the tracks by the train taken by a photo journalist.

Asked on 12/22/12, 4:32 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, of course, you can "fight the charge of being on the tracks," but whether

you can do so successfully, and without the aid of competent counsel to assist

you in the matter, I would have serious doubt.

Answered on 12/22/12, 8:24 pm

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