Traffic Ticket for Stopping in the Middle of the Highway??
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A lot of people tend to overreact and slam on their breaks really quickly. You can't do that in the middle of a crowded highway and expect everyone behind you to slam on their breaks FOR YOU.
Thanks for all the replies. Here is some more info. There was no left turn lane so does that make it an illegal U-turn? Can someone tell me the rules about U-turns because there was no "No U-turn" sign and she was hit while she was nearly into the intersection where cars turning left stop. She did not completely stop in the regular lane, she just slowed down in the regular lane. She never came to a complete stop until she was hit. The site of the accident is the intersection of 7100 and Hooes Rd. The ticket is not a reckless driving ticket so I told my cousin to just plead guilty and pay since she has a clean record, but her parents want her to fight it. Also she told me she wasn't hit very hard and there were not that many cars at that time. Thanks everyone.
Sounds like she was going the wrong way and slammed on the breaks and tried to make a U-Turn at one of those Police Only crossing points.
Um yeah...you can't do that. Where did she learn how to drive? There is really nothing to fight. It was just a poor decision based on poor driving instruction.
Sounds like she was going the wrong way and slammed on the breaks and tried to make a U-Turn at one of those Police Only crossing points.
Um yeah...you can't do that. Where did she learn how to drive? There is really nothing to fight. It was just a poor decision based on poor driving instruction.
If you'd look at the location you'd see this wasn't the case. OP provided that information.
I'm still not clear on this, but looking at the image robbobobbo posted, you'll see that there is a left turn lane (with no traffic light) on one side, for people to turn into the neighborhood, but not on the other side, because there is no neighborhood or street to turn into.
Quote:
Originally Posted by dahhyung
Thanks for all the replies. Here is some more info. There was no left turn lane so does that make it an illegal U-turn? Can someone tell me the rules about U-turns because there was no "No U-turn" sign and she was hit while she was nearly into the intersection where cars turning left stop. She did not completely stop in the regular lane, she just slowed down in the regular lane.
So it sounds like she tried to make a U-turn from the side with no left turn lane into the other side that does have the left turn lane from the opposite direction. If that's the case it was very dangerous because no car driving at full speed behind would expect someone to be turning left from the regular lane there. If the person directly behind was alert enough to slow down, good for them, but any drivers going 50-60 mph behind them could not realistically be expected to see, understand, and react in time to something that unexpected.
BTW I think this is the Hooes Road North turn off the Parkway because Hooes Road South has an elevated exit ramp (near Saint Raymond's Church).
I'm still not clear on this, but looking at the image robbobobbo posted, you'll see that there is a left turn lane (with no traffic light) on one side, for people to turn into the neighborhood, but not on the other side, because there is no neighborhood or street to turn into.
So it sounds like she tried to make a U-turn from the side with no left turn lane into the other side that does have the left turn lane from the opposite direction. If that's the case it was very dangerous because no car driving at full speed behind would expect someone to be turning left from the regular lane there. If the person directly behind was alert enough to slow down, good for them, but any drivers going 50-60 mph behind them could not realistically be expected to see, understand, and react in time to something that unexpected.
BTW I think this is the Hooes Road North turn off the Parkway because Hooes Road South has an elevated exit ramp (near Saint Raymond's Church).
Both sides have left turn lanes. If there were no turn lanes it means she missed the exit and tried to turn around in the median. I can't make sense of the description otherwise.
Both sides have left turn lanes. If there were no turn lanes it means she missed the exit and tried to turn around in the median. I can't make sense of the description otherwise.
No, they don't. Look at the photo again. One side has a left turn lane to go into a side street. The other direction of traffic does not have a turn lane, but there is a crossing to turn into to. Problem is, you'd have to slow down on a 50mph lane to pull into that space between the road. Driver was on the side without the turn lane. Legal? Probably. Safe? Questionable. But drivers have the responsibility to be alert for what's happening on the road ahead. If a car ahead of me hit a deer and came to a stop, I should be prepared, right?
You can also use Google Street View to "drive" down the road to the intersection in question.
No, they don't. Look at the photo again. One side has a left turn lane to go into a side street. The other direction of traffic does not have a turn lane, but there is a crossing to turn into to. Problem is, you'd have to slow down on a 50mph lane to pull into that space between the road. Driver was on the side without the turn lane. Legal? Probably. Safe? Questionable. But drivers have the responsibility to be alert for what's happening on the road ahead. If a car ahead of me hit a deer and came to a stop, I should be prepared, right?
You can also use Google Street View to "drive" down the road to the intersection in question.
What do you know? There are 2 different Hooes roads intersecting the Parkway (according to Google maps). I was looking at the other one.
There is a left turn lane at Hooes Road & 7100, headed east. If she was headed west, without a left turn lane, I wish you luck in fighting the ticket because the left from 7100 would not be legal at all as it's a T-intersection. The left from Hooes is legal, but I think that the police officer was correct in issuing a ticket for stopping on a highway because there is no way to slow safely to enter the intersection from the westbound lanes to make a U-turn to head east again. I am not sure a reasonably prudent person would assume that they can stop in the left lane of a highway to make a U-turn. She might get a reduction, but not complete dismissal.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
The legal definition of highway and interpretation by many as meaning Interstate or limited-access are different in Virginia. Legally, a highway refers to any publicly accessible roadway for vehicular traffic, so it's not a technicality of the ticket that the Fairfax County Parkway is not an Interstate, since that definition would not apply in this case, or in any case where a highway is identified in Virginia for purposes of a ticket.
The officer, at his or her discretion, had a reasonable suspicion to believe that the vehicle stopped in the roadway, causing the accident, since the vehicle did not stop because of an emergency or mechanical breakdown in a travel lane. There's no way to make a turn like that without stopping, and generally, when I have seen emergency vehicles make maneuvers like that, they have their lights on, and don't just use a turn signal. Even school buses have flashing lights, and stop signs that protrude from the vehicle when they stop on public highways, so that they are visible, and the intentions of the driver are communicated to other motorists. The defendant would need to prove that they could legitimately make the turn without stopping or engaging in a reckless maneuver, and be able to prove that they did not stop, despite eyewitness testimony that contradicts that, from the officer's findings during the accident investigation.
Being struck from the rear does not automatically make it the fault of the other driver if there's a mitigating circumstance. I was hit from the rear in Virginia by someone in an accident that was similar to the one described by the OP. The person who hit me was not not cited, and I did not hit the car in front of me, which sped away from the scene after causing the accident. The officer who responded said that was the vehicle at fault, and took a description, but they didn't catch the person. The person who hit me was not cited because he was driving reasonably for the road conditions, not tailgating or speeding, and had little time to react to a sudden, and illegal, maneuver by the car in front of me.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
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