Legal Question in Traffic Law in Virginia

Wrongfully pulled over

I was pulled over for ''Improper Lane Change'' and although that's not usually a big deal, it is for me since my point balance is -16 and i'm within the probation period of the DMV before I get administrative suspension. However, I just wonder how I would legally tell the judge that the officer could be wrong. I am positive that I put my signal on (I mean, how dumb would I be to see the cop RIGHT next to me and not put my signal on?). I was also avoiding the potholes on the road and she said she was giving me a ''break'' since she could've gave me reckless driving for swerving after I told her I was just avoiding the potholes. I mean, who really loves to drive right on through them? Obviously an attorney is not needed for this violation but I would like some legal advice since my situation is pretty serious. Conclusion: How would I legally tell the judge I feel as I was wrongfully pulled over and had a reasonable explanation to swerve?


Asked on 6/10/08, 8:50 am

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

Re: Wrongfully pulled over

No particular language is required to "legally" address the traffic court judge. You would be well advised(in my opinion), however, to avoid the term "wrongfully pulled over" when referring to the action of the police officer; "mistakenly" would probably serve you better as the defendant in this he said vs. she/cop said contest where greater deference is usually accorded by the trier of fact to the cop's account of how thing went down in the event under scrutiny.

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Answered on 6/10/08, 9:36 am


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