Traffic ticket, should I fight it? (Arlington, Fairfax: condo, bankrupt, high school) - Northern Virginia - Virginia (VA) - City-Data Forum

Taktix1 · 12-31-2012, 06:02 PM

Around 7pm today (new years eve) I was driving my elderly grandfather to the emergency room because he was feeling extremely ill. I wasn't familiar with exactly how to get to the Fair Oaks Hospital so I pulled into a Left turn lane on RT 50 east to put the exact address into my navigation. I put on my flashers and told my wife to let me know if a car pulls up behind me so I can turn left and get out of the way. A cop pulled up behind me, lights flashing. I told him my situation, grandfather needs emergency care, putting the address in my nav. He couldn't care less and asked for my info. Came back with a ticket after 20 mins and said I had stopped on the highway and sent me along my way. Is this worth fighting? I honestly feel that what I did did not warrant a ticket. Any thoughts?

kevbros · 12-31-2012, 06:14 PM

Sounds to me like you have a decent case for dismissal. You have witnesses, which most people don't. Save the hospital records as evidence. This is why we have judges.

ChristineVA · 12-31-2012, 07:15 PM

I'm sorry about your grandfather's issues but what you did do does warrant a ticket. Maybe he should have just let you go, but anyone else making that type of stop in a left hand turn lane to work with their GPS would have gotten a ticket.

If you have a person in such an emergent situation, your best bet is to use an ambulance. Failing that, pulling over on a shoulder or find a way into a parking lot would have been the better choice. I realize when you are worried you don't make the best choices but, stopping and doing what you did in a left-hand turn lane isn't really a good idea.

Carlingtonian · 12-31-2012, 07:17 PM

I'm shocked he gave you a ticket and didn't let you go on your way; what if your grandfather had been in the middle of a serious acute event?

Anyway, hope he's OK--and I second the motion to fight this one.

Wardendresden · 12-31-2012, 07:51 PM

Quote:

Originally Posted by Taktix1

Around 7pm today (new years eve) I was driving my elderly grandfather to the emergency room because he was feeling extremely ill. I wasn't familiar with exactly how to get to the Fair Oaks Hospital so I pulled into a Left turn lane on RT 50 east to put the exact address into my navigation. I put on my flashers and told my wife to let me know if a car pulls up behind me so I can turn left and get out of the way. A cop pulled up behind me, lights flashing. I told him my situation, grandfather needs emergency care, putting the address in my nav. He couldn't care less and asked for my info. Came back with a ticket after 20 mins and said I had stopped on the highway and sent me along my way. Is this worth fighting? I honestly feel that what I did did not warrant a ticket. Any thoughts?

There are generally (VERY generally) two types of cops. The one kind is unimaginative, uncaring, mostly interested in proving he/she did something on the job during their shift, and could care less about folks. Everything is black or white.

The other type will listen and make a judgment call based on the circumstances.

I think most of us think we are paying for the second kind of cop. But that guy has to work a lot harder, put more thought into his job, and be ready to pay the consequences for a screw up. The first kind either isn't capable of making good judgment calls or is afraid to do so, so they play it safe. You broke the law, you pay the price.

Hate to tell ya, but courts have more of a tendency to operate the same way as the first cop.

In the way of analogy I've got a story 30 years old. It was my first season as a baseball umpire--and my second game. I was behind the plate calling balls and strikes for a summer league (teens 14-16). The pitcher stepped on the mound, put his hands together and put the ball in his glove, then took it out and put it behind his back. Technically it was a balk because high school rules said the pitcher had to go into his windup as soon as he took the ball from the glove. He didn't. So I was RIGHT!

But between innings the base umpire, who had been working games a long time came to me and said, "Look, this kid does the same thing every single time. He isn't trying to fool runners or take advantage of them. Just blink an eye on these."

And I did.

The moral of the story is, you may have been incorrect in what you did, but were you really a menace to traffic right then? Was it a harm that increased hazard for every other driver? It wasn't like you were texting and driving. So the first cop was mechanical in his decision without regard to any of the circumstances around him. Most likely the court will support him as long as he was completely justified UNDER THE LAW to give that ticket. Just as I was technically correct in calling a balk, but morally bankrupt for being blind to the circumstances of the kid's windup.

I think I would pay the ticket and go on.

Good luck.

Taktix1 · 12-31-2012, 08:05 PM

Im currently at the hospital as we speak, he's getting X-rays performed. I understand that what I did isn't legal but the cop acted as if I stopped in the middle of the road in a straight lane. When I told him my situation his response was "you're stopped on a highway, license please". I would think people would have more care in their hearts, I wasn't causing a scene or anything at all. The reason I stopped in the left turn lane was so if I was headed the right way I could just hop back in the straight lane instead of making a u turn. Not only that, when I told him we were in an emergency situation there was no hurry to him whatsoever. Still took him roughly 10-15 mins to get my ticket to me

Phyxius · 12-31-2012, 08:30 PM

Couldn't you just pull up on a nearby service road, parking lot, gas station? Even if the purpose to avoid turning around, you still would have to do so anyway if someone other than a cop pulled up behind you. I am not condoning what the officer did but I think you are better off just paying it and letting this go.

ArtyGuy · 12-31-2012, 08:36 PM

I suppose I'd look to see if the monetary cost in fighting the ticket is more than just paying the fine. I completely understand fighting the issue based upon the principle of it but if winning, which isn't guaranteed, is more costly than accepting "guilt", I'd pay the fine and move on.

My gut tells me you wouldn't win your case--- knowingly stopping in a turn lane during a period of reduced visibility isn't likely to result in you being praised by the judge.

Carlingtonian · 12-31-2012, 08:51 PM

Re. cost to fight the ticket: I don't know about FFX County, but Arlington charges you the court costs whether you go to court or not--so you have nothing to lose by fighting it. Which is what I did with a minor speeding ticket recently. Managed to get it reduced and saved about $50 by showing up.

Best wishes to your grandfather; may you start the new year with some great news on that front!

mathogre · 12-31-2012, 09:40 PM

Quote:

Originally Posted by Taktix1

Im currently at the hospital as we speak, he's getting X-rays performed. I understand that what I did isn't legal but the cop acted as if I stopped in the middle of the road in a straight lane. When I told him my situation his response was "you're stopped on a highway, license please". I would think people would have more care in their hearts, I wasn't causing a scene or anything at all. The reason I stopped in the left turn lane was so if I was headed the right way I could just hop back in the straight lane instead of making a u turn. Not only that, when I told him we were in an emergency situation there was no hurry to him whatsoever. Still took him roughly 10-15 mins to get my ticket to me

Fwiw, here are a couple thoughts. I'll assume you were somewhere between Fairfax City and Rt. 28 to Dulles.

Rt. 50 is a very busy highway, and it has relatively high speeds. Most of that is posted at 45mph, and it's 3 lanes in each direction. There are lots of roads and highways that intersect Rt. 50. You have the unfortunate circumstance of having the Fair Oaks District Police Station for Fairfax County Police along that stretch of Rt. 50. They know that road.

It's New Year's Eve, and 7PM. People are out partying and drinking, and paying a bit less attention to what is happening.

Now, regarding what you did...

If you stop in the middle of the highway, which includes an active turn lane, you endanger both you and other drivers. Maybe no one will run into you, but they might try to go around you and suddenly find themselves into the side of another vehicle. You're fine, but the people who just wrecked their cars might not be.

If you need to check your gps, get off of the road.

Fight the ticket if you want. Better to take it as a learning experience, imho. You're not the only person on the road.