Should I pre-pay ticket or go to court for driving on the shoulder (Alexandria: insurance, unemployed)

[Meiborzey]

Hi all,

Great forum! I was pulled over on the Nutley exit because I used the shoulder to pass the folks who had blocked the road so I could exit. Honestly, I didn't think this was illegal and got a ticket from a very irate lady cop. Apparently, this has been a real problem. I'm unemployed and wondering if I should prepay it or if there is a chance I could get it reduced or get off the hook.

Thanks,
Mei

[Bigfoot424]

There's always a chance you could catch a break from the prosecutor or judge but there is also a chance the judge could fine you more than what you'd pay by prepaying. No way anyone can answer this with a definite answer. And you really thought passing cars on a shoulder might be legal?

[ChristineVA]

I got a ticket for this same thing about 20 years ago.

I was in Maryland trying to go to Andrews AFB. I was driving north on Rt. 5 and there was a HUGE accident with traffic totally stopped. My right turn to head towards the base was about 1/10th of a mile up. Suddenly, a few cars also going to base got on the shoulder. I thought "Oh, I should do that." A state policeman was right there and pull about 6 of us over.

I got a ticket. I didn't realize it was illegal in a special circumstance, but it was and I was wrong.

Take your lumps and pay the ticket.

[1200RT]

We just lost a CHP officer here in LA for someone passing on the solder. Its very much illegal and very dangerous.

With that being said ..... you ARE innocent until proven guilty (which you just admitted to being) ... since you ARE guilty, you should pay it, and save the court's time. Ignorance of the law is not a defense.

[ajzjmsmom]

Are there any circumstances that you can pass on the shoulder? I guess I have alway assumed it was illegal.

[bmwguydc]

On I-66, you can actually drive on the shoulder when the lane arrows are illuminated, not the red "x" indicator. It's a real problem with people who exit the Beltway and continue to drive on the shoulder the entire distance to Nutley Street, when the shoulder is not functioning as a travel lane, hence the reason why the officer was irate.

In VA, you have safe driver points for every year licensed without an incident on your record (to a max of 5), so you may not get points for the ticket, depending upon your record. However, going to court, you may or may not receive a reduction in fine, probably more likely if you have years of safe driving on your record. If you have the time, I would go to court, since you know the worst case outcome from the ticket you have, so you might get a better outcome.

Commonwealth of Virginia Department of Motor Vehicles

[Bigfoot424]

Another thing to consider is to go in and ask for driving school. I wouldn't attend then go to court without checking with the courts policy. In some courts you can't get the dismissal after completing the class unless the judge okays your attendance. If you have a poor record you'll likely be wasting your time.

[MessageBoardName]

You won't receive traffic school in Fairfax County courts. It is against their policy. You can, however, take a voluntary driver improvement class once every two years from DMV and receive 5 good points for taking the class. This is available to every Virginia licensed driver once every 2 years. Ask DMV for details, not the court. The court has nothing to do with points. They are an administrative function of the DMV only.

Some judges will fine you more for every vehicle you passed while on the shoulder, so bear that in mind.

[CAVA1990]

Despite what others have said on here, in my unprofessional opinion, you probably have nothing to lose by going to court, particularly if you can spare the time. There's always the possibility something will happen to the cop and she won't be able to show up, in which case it will get dismissed. If she does show you can still plead guilty and explain to the judge you're unemployed and have an otherwise clean driving record if you do (a good idea to bring a copy of that with you) and ask for leniency. It's entirely possible the judge will give you a reduced sentence or will give you the option of taking a safe driving class, which you can do in person or on-line. You would still need to pay the $61 court costs and will need to pay for the class, but you'll avoid getting points on your record that can raise your insurance rates.

I did this a couple weeks ago in Alexandria for a speeding ticket and that's exactly how it worked out.

I just noted what the poster above said so perhaps what happens in Alexandria won't apply in Fairfax. You could then make a case under the 14th amendment that you're not receiving equal protection under the law since there seems to be inconsistent treatment within the same court system (just kidding).

[statecollege]

You have a driver's license and don't know that driving on the shoulder is illegal! I doubt you will get mercy from a judge, who will likely lecture you on why it's illegal. My advice is pay now and save yourself some time later.