Law Section 46.2-875.1

[Mike From NIU]

Originally Posted by HiIliketodrive

yes, JUST 875. 873 is the violation within the school zone, and 865 is the racing.

the only one he wrote was 875, which honestly is the only thing I could think of to get out of it.

also, I know the person I was suspected of "racing" against, would it help me to take them to court with me?

I would say it wouldn't help you. Think about it. "No, judge, I wasn't racing, and to prove it, here's my friend that I passed."

Most racing occurs between people who know each other, not random strangers. Pulling in a buddy will only lead credence to the racing allegation.

[gresan1]

mike, nevertheless, the issue here is the Code that he violated, stated on the ticket itself, its speeding, not racing. so the judge is not going to be concerned with "oh he was racing?" he's more concerned with "oh he was going 15+ on a school zone, while all the children and their parents are out and about!"
besides, i dont know if the cop did him a favor or not, but he got 49/35, thats 1mph shy of 15, i know something about paying tickets, and that one mile actually helps, because theres a fine for every 5mph over in the state of va and everyone knows above 20 is reckless driving.
PAY THE TICKET!!! your friend will most likely make you look worse, he will only confirm the fact that you were speeding, nothing else! even if you were not racing, you were still speeding, and based on what youve said, youre not being fined for racing but for speeding.

maybe just plead no contest or guilty with explanation, and test the judge, tell him you had no idea the caution lights were on and there was no way to know, just throwing ideas.
the way i see it, you're fked!!! but i could be wrong

[jaywallace]

Originally Posted by HiIliketodrive

Recently I got a ticket for "Racing" (I was passing someone, and although I'll admit I was going very fast, I had no intention of racing) through a school zone (39 in 25). However, from the point I was leaving (right next to a school) you can see no flashing lights, although it should be common sense theyd be on, I wasn't paying attention.

As for the 46.2..., the officer had written that down. I'm a novice at law, but trusty google hasn't come up with anything for those numbers.

Also to google's avail, Racing is "865.1", does this mean I'm out of the racing? What about the school zone?

Any help?

46.2 is the vehicle code. Where-as 18.2 is mostly criminal. It's merely a class of law and lumps other laws into a broad area to define "sub codes". If it's a "reckless-racing" violation then you must appear and can not pre-pay. You could also get jail time if you were indeed cited for racing. Having it charged in a school zone, I would think that would be a strong possibility. You could also have your car impounded and forfeited to the Commonwealth.

What does the summons say? I understand what code it is, but what does the charge itself on the "charge" line say? I would venture a guess the officer cut you a break and simply charged you with the speeding in a school zone. If so, I'm fairly certain you can pre-pay. If you have a good record and are able to attend a traffic school the prosecutor (CA) may also drop it to simple speeding.

[Flamingo13]

Originally Posted by Skapov

Virginia gives out $1,000 speeding tickets, and I think there was some controversy about this a year ago. The tickets are inescapable once issued, and my husband got a ticket here in MD but when he went to court to contest it, the judge was totally arrogant and would not hear him out at all. Don't waste your time trying to fight, it's "highway robberry" but you may as well just pay up.

Btw, it's a joke to set the speed limits so low, they know that everyone goes 50mph in a 35mph zone because we're in a fast-paced area and everybody's always in a rush.

I happen to DRIVE 35 in a 35 mph zone - NOT everyone goes 15 MPH OVER the posted limit.

[mizzex88]

Well I have something similar but in this case I wasn't even speeding at all. I was heading to work and it usually only takes me less then 10 minutes to get to work. I took the same route to work every morning and never had the reason to speed. That morning when I was waiting by the light to make a left to S Washington St in Falls church I saw a police officer pull another vehicle over around the 500 block. When the light turned green I saw the police officer face and continue to past him. Out of no where 11 blocks down towards where the graham rd intersection is and lee hwy (which was fairfax co) the same police officer pulled me over saying that I was speeding 51/30mph lane. I'm like wtf? Then he said that he wouldn't charge me for reckless and put down in (17) (radar) on my ticket underneath speeding 51/30 zone. When I explain to the officer that I saw him pull another vehicle over. His response was "did the car have blue lights or blue and red lights?". I was like office I don't really notice head light but I do know it was you. So my question is should I fight it? I have my time card which shows that I came into work 6 minutes later from the time he pulled me over and google map to show them the route I took that morning.

[22015northva]

what if the 46.2-875 was for speeding 62 over 35? the officer didn't write reckless driving and said I'm lucky he's not writing me for reckless driving, in my case.

[Flamingo13]

You already started your own thread on this.