Legal Question in Traffic Law in Virginia

Stopped for speeding 2 blocks from hospital

My wife experienced a fall and

suspected her arm was broken. I

drove her to the Hospital and was

stopped for speeding 2 blocks from

the Emergency Room - 61 in a 35. I

explained my wife's arm was broken

and the officer asked if we need an

ambulance. Due to the close

proximity (2 blocks) from the ER, I

declined. The officer proceeded to

write me a ticket, causing my wife 15

minutes of additional pain and

suffering.

My wife was diagnosed with a

complex dislocation of her elbow

requiring 2 procedures resulting in a

titanium radial head implant and

extensive physical therapy.

After describing the event with the

officers' supervisor, the sergeant

commented that he would have let

us proceed carefully to the hospital

with a warning.

Our court date is a week away. Do

you think we need a lawyer to

assist? Should I ask for a waive of

the ticket or let the Judge decide

what should be done? I have a

clean driving record.


Asked on 11/08/07, 3:56 pm

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

Re: Stopped for speeding 2 blocks from hospital

Your case would appear to be amenable to the general defense of necessity(to justifiy and mitigate your violation of the posted speed limit). And, therefore, rather than merely agreeing to plead guilty to a lesser speeding charge, it's probably worth going to trial, if necessary, should the prosecutor refuse to dismiss the charge, and allow the trier of fact(the judge) to decide the matter.

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Answered on 11/08/07, 7:00 pm


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