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-   -   How Many Points for "Failure To Obey Highway Sign?" (https://www.civicforums.com/forums/98-legal-questions-law/119375-how-many-points-failure-obey-highway-sign.html)

Aznnp77 10-11-2003 01:24 AM

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.

injencivic 10-11-2003 02:21 PM

points are handled through mostly insurance companies, therefore i would contact them.

Injen

Aznnp77 10-11-2003 05:01 PM

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?

injencivic 10-12-2003 12:54 PM

i am not sure about that increase

Injen

mk32382 10-13-2003 06:59 PM

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.

Aznnp77 10-13-2003 09:32 PM

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 piss the judge or officer off into giving me a worse ticket.

mk32382 10-13-2003 10:21 PM

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.

PCaly2112 10-14-2003 06:25 PM

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.


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