So I got a ticket for going around a vehicle that had the exit lane blocked. In the process, I drove over the Fog Line. There is a Yield Right-of-Way sign to merge onto the highway and his person ignored it and blocked the lane to exit off the highway.

Here is what the VA law states:

2006 Code of Virginia § 46.2-841 - When overtaking vehicle may pass on right

46.2-841. When overtaking vehicle may pass on right.

A. The driver of a vehicle may overtake and pass to the right of another vehicle only:

1. When the overtaken vehicle is making or about to make a left turn, and its driver has given the required signal;

2. On a highway with unobstructed pavement, not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction;

3. On a one-way street or on any one-way roadway when the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. Except where driving on paved shoulders is permitted by lawfully placed signs, no such movement shall be made by driving on the shoulder of the highway or off the pavement or main traveled portion of the roadway.

(Code 1950, 46-226; 1952, c. 666; 1958, c. 541, 46.1-210; 1985, c. 481;1989, c. 727.)

So this looks like a chicken shit law that can catch a lot of things and leave common sense out.

Has anyone in VA seen or heard of this law? It seems it can be classified as reckless driving.

Yeah, this happened to me in Nebraska. The cop didn't bother to stop any of the other vehicles that passed on the right.

I had a visit with the county attorney who told me the statute was so vague that I would be better off just paying the ticket. When I asked about the others who went free, he had no answer.

I paid the damn ticket.

RMD

quote:

Originally posted by rduckwor:
I had a visit with the county attorney who told me the statute was so vague that I would be better off just paying the ticket.

Not my area, but I believe the doctrine is called 'void for vagueness'.

So, instead of just paying the ticket, he should have torn it up. Otherwise, be prepared to repeat your statement in front of a judge.

VA is the Gestapo of Traffic Law Enforcement, because it leads to the the almighty $$$$$$$

quote:

Originally posted by rduckwor:
Yeah, this happened to me in Nebraska. The cop didn't bother to stop any of the other vehicles that passed on the right.

I had a visit with the county attorney who told me the statute was so vague that I would be better off just paying the ticket. When I asked about the others who went free, he had no answer.

I paid the damn ticket.

RMD

It's very challenging to safely stop more than one vehicle at a time. When there is a line of them I'm either taking the first one, the last one, or the one that is going the fastest.

If you have a good driving record with no tickets fight it in court. Be sure to take your driving record with you. Most judges will give you some leeway IF you have a good driving record in Va.

Actually VA Judges will give an Out of State driver if they have a perfectly clean driving record and don't bad mouth the citing officer or tell tall tales. Got popped in VA doing 76 in a 55 and being from Michigan the Officer who cited me didn't automatically haul me into jail for Reckless driving. Instead he cited me for 76 in a 55 without a Reckless Driving enhancement. Also advised me on how to simply Waive the ticket. BTW, being pleasant to the officer on scene always has benefits, in my case it was not being charged with Reckless Driving.

However I learned many many years ago to ALWAYS go to Court for a citation, even when it involves a 1200 mile round trip. In this case it was worth it. First, I made sure to take a Certified Copy of my full Michigan driving record with me. Second I told the Court exactly what I told the officer on scene. That being that I wasn't watching my speed I was paying attention to traffic around me and driving a vehicle I wasn't familiar with and had a 4000 lbs. boat and trailer in tow. BTW, 3.5 liter V6's just don't have the compression braking of a 6.2 liter V8.

The Judge knocked my 76 in a 55 down to 64 in a 55 and ordered me to pay costs. Ended up with 2 points going on to my Virginia driving record but because Michigan is NOT a member of the Compact of States that 2 points could not be transferred to my Michigan driving record. End result was a 135 dollar fine and I learned to really pay attention to speed in Virginia. BTW, as of last August my Virginia record is also clear.

Here is the Yield Right-of-Way law:

§ 46.2-863. Failure to yield right-of-way.

A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

The Officer should have ticketed the individual that had me blocked from entering the exit. This is not uncommon and can be dangerous if there is speed involved like an Interstate highway.

East on I64 & Rt29 at Charlottesville is one of the worst with people entering like a bunch of sheep with no space between the vehicles. One time I could not get off and had to go six miles to the next exit and loop back.

Depending on what the fine is, I may go to Court. In the past when called for Jury Duty, I had a hard time hearing due to the acoustics of the room.

I looked up the fine and it is $100.88.

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