Legal Questions and the Law Post your questions about the law, or speeding tickets or any legal issues here.
Disclaimer: Civicforums.com and it's moderators are not lawyers or police officers and can in no way be held responsible for any advice or action

How Many Points for "Failure To Obey Highway Sign?"

Old 10-11-2003
  #1  
All Show No Go Sedan
Thread Starter
iTrader: (3)
 
Aznnp77's Avatar
 
Join Date: Apr 2001
Location: Clifton, VA, Virginia, US
Posts: 1,142
Likes: 0
Received 7 Likes on 6 Posts
Rep Power: 292
Aznnp77 will become famous soon enoughAznnp77 will become famous soon enough
How Many Points for "Failure To Obey Highway Sign?"

Basically I was on an average local road, where the speed limit was 30, even though on the opposite side of the same road it's 35. I was going 44 and got pulled over. Since I haven't gotten a ticket in 26 months, the officer dropped the charge to "Failing to Obey Highway Sign". I'm probably gonna take it to court and hopefully get the points taken off. My question is, how many points will this ticket take off my license? Also, do u think I have an excuse that could get me out of points? I basically wasn't paying attention to my speed, but I don't understand how the speed limit could be 30 on one side and 35 on the opposite side of traffic.
Old 10-11-2003
  #2  
Registered!!
iTrader: (7)
 
injencivic's Avatar
 
Join Date: Aug 2001
Location: East Tennessee-Knoxville
Posts: 7,196
Likes: 0
Received 1 Like on 1 Post
Rep Power: 348
injencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of light
points are handled through mostly insurance companies, therefore i would contact them.

Injen
Old 10-11-2003
  #3  
All Show No Go Sedan
Thread Starter
iTrader: (3)
 
Aznnp77's Avatar
 
Join Date: Apr 2001
Location: Clifton, VA, Virginia, US
Posts: 1,142
Likes: 0
Received 7 Likes on 6 Posts
Rep Power: 292
Aznnp77 will become famous soon enoughAznnp77 will become famous soon enough
Okay, I checked the VA state website and it says that the ticket is 3 points. The minimum is 3, damn. Well now I have 7 points on my license. I have a failing to yield left turn accident from 26 months ago. 7 points in 26 months means an insurance increase correct?
Old 10-12-2003
  #4  
Registered!!
iTrader: (7)
 
injencivic's Avatar
 
Join Date: Aug 2001
Location: East Tennessee-Knoxville
Posts: 7,196
Likes: 0
Received 1 Like on 1 Post
Rep Power: 348
injencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of lightinjencivic is a glorious beacon of light
i am not sure about that increase

Injen
Old 10-13-2003
  #5  
Registered!!
 
mk32382's Avatar
 
Join Date: May 2003
Posts: 105
Likes: 0
Received 0 Likes on 0 Posts
Rep Power: 0
mk32382 is an unknown quantity at this point
Frankly, I don't think there is any way to get out of this. First off, lots of roads have two different speed limits depending on the direction. It depends on the amount of traffic that each side handles, and what sorts of businesses are present, number of lanes, etc. Second, even if you thought the limit was 35, and you tell the judge that, he/she will probably see that you are trying to get out of your (technically justified) ticket, and give you points/fine for going 9 over, which is right around what most cops look for (9-14 mph over). I won't tell you not to speed...I do it all the time. But if you get clocked way over like that, trying to argue it in court is mostly pointless. The officer, just by the virtue that he IS an officer, has exponentially more credibility than you do in a court of law. If you speed, be aware of the risk that you will be contacted. Your previous tickets are going to count against you too...sorry to break it to you, but your previous ticket for an infraction that put the lives of others in danger will count too. I would be thankful that the cop dropped it down, and take the 3 points. Sorry bro.
Old 10-13-2003
  #6  
All Show No Go Sedan
Thread Starter
iTrader: (3)
 
Aznnp77's Avatar
 
Join Date: Apr 2001
Location: Clifton, VA, Virginia, US
Posts: 1,142
Likes: 0
Received 7 Likes on 6 Posts
Rep Power: 292
Aznnp77 will become famous soon enoughAznnp77 will become famous soon enough
If I go to court, is there a way that the cop can change the ticket to speeding instead of failure to obey traffic sign? Cuz technically he gave me a break on what I should have gotten. I don't wanna **** the judge or officer off into giving me a worse ticket.
Old 10-13-2003
  #7  
Registered!!
 
mk32382's Avatar
 
Join Date: May 2003
Posts: 105
Likes: 0
Received 0 Likes on 0 Posts
Rep Power: 0
mk32382 is an unknown quantity at this point
Post

No matter where you are, the judge cannot actually change the charge against you. BUT, depending on where you are, they may be able to raise the fine (dunno about points) on you. Here in CO, the amount on the ticket is just a plea bargain. Pay it (i.e. plead guilty without court), and you just have to pay that fine. If you decide to go to court, the judge may raise the fine up to $999.99. But in some cases in some states, the amount the cop puts on the ticket is the maximum allowed by law. You'll have to check VA laws for that. Sorry.

EDIT: The District Attorney will often give you a lesser charge, a "plea bargain". But as far as upping the charge, never heard of that happening. But once you are in front of the judge, he/she cannot change your charge if he or she feels like it, then find you guilty. But up til the time your case is called, the charge can technically be changed. It cannot be made, however, without telling you.

Last edited by mk32382; 10-14-2003 at 09:00 PM.
Old 10-14-2003
  #8  
Registered!!
iTrader: (2)
 
PCaly2112's Avatar
 
Join Date: Sep 2003
Location: Limerick
Posts: 326
Likes: 0
Received 0 Likes on 0 Posts
Rep Power: 0
PCaly2112 is an unknown quantity at this point
Went to court on a speeding ticket last friday. The officer changed the ticket to failure to obey traffic signs and it was just a fine, no points at all.
Related Topics
Thread
Thread Starter
Honda Civic Forum
Replies
Last Post
Dorval Andre
General 7th Gen
28
07-21-2022 05:53 PM
mattdoc
Mechanical Problems/Vehicle Issues and Fix-it Forum
9
03-14-2017 12:10 PM
mrohitredd
Mechanical Problems/Vehicle Issues and Fix-it Forum
5
05-28-2015 10:03 AM
WaryDriver
6th Generation Civic 1996 - 2000
1
05-27-2015 05:54 AM


Thread Tools
Search this Thread
Quick Reply: How Many Points for "Failure To Obey Highway Sign?"



All times are GMT -5. The time now is 02:26 PM.