Legal Question in Traffic Law in Virginia

Ticket for Something I Did Not Do

I was driving to work on 8/21/06 in Fluvanna co. Virginia.I approached a stop sign at a t-intersection and had to stop for a truck going west. This was in front of a small store where a cop was sitting. There was another vehicle coming east, but I determined it was going slow enough to make a left hand turn safely, so I did. I saw the State Trooper sitting at the store, so there was no way I was going to do anything dumb. As soon as I passed him, he pulled out behind me and followed me for about 1/2 mile before he pulled the lights. I was informed that I had not stopped at the stop sign (I did) and also received another ticket for no seatbelt. I was under the impression that police in Virginia can't pull you over for just a seatbelt violation. So I am assuming since I passed him with no seatbelt, he made up the stop sign thing to pull me over. Is there anything I can do about this? I don't mind paying for the seatbelt because I never wear it, but I don't want to pay for something I'm not guilty of.


Asked on 8/21/06, 11:00 pm

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

Re: Ticket for Something I Did Not Do

You are correct regarding the seatbelt requirement in the Commmonwealth, i.e., not wearing one is considered a secondary violation which means you can only be cited for it if you're stopped for a primary violation.

As to the other charge, if you don't want to pay for something you're not guilty of, then you'll have to fight it in court, even if that means getting a lawyer on your side in order to even up the odds.

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Answered on 8/21/06, 11:08 pm


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