Virginia Gun Owners Forum - VGOF

I'm hoping someone can help me with some info. I got pulled over and the officer said I was going 16 mph over the speed limit. He issued me a ticket for "Failure to Obey a Highway Sign". (46.2-830). Said he was giving me a break. My question that I can't seem to find a concrete answer on is whether or not this is a misdemeanor crime and will this affect my VA CHP status? Should I just pay the fine or should I get a lawyer and try to get this lessened somehow? My only concern is keeping my CHP. This is the first traffic violation I've had in the past ten years and I've never been arrested for a misdemeanor or felony before. I would like to keep my record unblemished, the thought of even a misdemeanor just really bothers me...

Is this just needless worrying on my part, what do you think?

Thanks in advance!

IMNAL. As far as I can tell it's not a felony of any kind and should just be a low class misdemeanor. One thing you were lucky for is the fact that you weren't going 20 miles over. Speaking from experience those can really mess you over. I was just lucky to get out of one from wrecking my Chevy Blazer about a year ago.

Its not a misdemeanor crime, its a traffic offense and has no bearing on your chp.

The officer cut you a HUGE break. Pay the ticket and drive on.

ProShooter wrote:Its not a misdemeanor crime, its a traffic offense and has no bearing on your chp.

The officer cut you a HUGE break. Pay the ticket and drive on.

Yup, you got reeeeeal lucky. VA is one of the toughest states on speeders. Pay your ticket, thank God, and slow down.

Howdy, WileE,

I'd tend to agree with the other posters, 'cept to add it's probably worthwhile to run the scenario past an attorney if you know a good one.

Regards,

George

Go to a driving class and the judge may just drop it. I've known people to get tickets, go to a driving class before court and the judge dimissed the charge. Guess it depends on the judge.

failure to obey a sign is not going to in any way affect your chp. It will however subtract points from your driving record and increase your insurance payments.

Thanks for the feedback. I think I'll just pay it and move on then.

The scariest thing I have seen here in VA is they way they hand out Careless/Wreckless tickets! My God, it's like they are too lazy to do any real police work! Yes, this from personal experience. It is also the first time I have had an officer out and out LIE to me. The police have cost themselves one heck of a loss in respect in my eyes. I hired a top attorney and the judge tossed it out before he could even come into play. The insult added to injury? Th cop didn't ticket the idiot who caused the whole incident at all! The judge was rather surprised by that as well. Thank God for an honest judge!

I have a court date in a few days for a wreckless driving/failure to maintain control ticket I recieved in a single vehicle accident, I wrecked my motorcycle. I was the only one involved, no other property damage & no tickets/moving violations in 20 years. The cop ticketed me after the fact, I was in the ER & he came to the hospital to ticket me.

I never thought about it affecting my CHP or even being a felony. Maybe I should have called a lawyer.

C&R is a HUGE deal! As bad as a DWI as far as insurance etc goes. I would not dare go into a court room without one!

Yea, you'd best get a lawyer real quick. If you're in the Manassas/Woodbridge area you might want to look into a guy named Mike Pignone......let's just say my family has some experience with him. If he's busy there a plenty of good lawyers in the area.

The farther North, the worst it seems to ger. Google C&R in VA. It will scare ya.

40shooter wrote:I have a court date in a few days for a wreckless driving/failure to maintain control ticket I recieved in a single vehicle accident, I wrecked my motorcycle. I was the only one involved, no other property damage & no tickets/moving violations in 20 years. The cop ticketed me after the fact, I was in the ER & he came to the hospital to ticket me.

I never thought about it affecting my CHP or even being a felony. Maybe I should have called a lawyer.

A reckless driving conviction in VA is a very serious issue. I would call an attorney today. VA is one of the harshest states for moving violations, esp speeding.

Get a lawyer.

Reckless driving is a Class 1 misdemeanor - in the same classification as a DUI or DWI charge. The penalty for reckless driving can be up to one year in jail and/or up to $2,500 in fines. Reckless driving carries the possibility of a suspension of driving privileges for up to 6 months as well.

More than likely depending on your driving record a lawyer will be able to get the sentence reduced or in some cases I have heard of them turning a wreckless ticket that spawned from a wreck into a improper equipment or such which is a non-moving violation.

Unfortunately most people do not realize this until it is to late and as a heads up usually a RD defense will run you from $500-$1000 depending on the cite and area.

If I did not say it already get a lawyer. I have had people I know try to fight these themselves and almost always get charged. Those with a lawyer have even though it is expensive got the charges reduced and have a clean criminal record because of this.

ETA While this should not effect your RKBA or your CHP as it is a driving offense it still can effect employment and clearances(confidential, secret, etc....), also note that Virginia is also very strict on trying to get a charge expunged and reckless driving is one that people usually find out is fairly serious to late to do anythings about. Reckless driving is a catch all charge and police can step up to it for just about any moving violation, i.e. speeding, failure to maintain control, etc...

On the failure to Obey a highway sign. I would go to traffic school as it may verry well keep points from your record. I have gone to court for speeding before and pled guilty, and they have given me the option because I had a clean record, same as my wife has, but it depends upon the judge. Anything reckless and above I would seek the advice of a lawyer.

Aside from the obvious reasons to give a reckless driving ticket, the police also give reckless driving tickets when here is some leeway involved ( according to fairfax county LEO I know ) as it does allow the judge to adjust and alter the charge, and penatly...whereas with "failure to obey a highway sign" is a situation where you are guilty of the craime or not. period.

failure to obey a sign is about as minor an infraction as you can get...take it an run... if it is your first ticket, and you have been driving over 3 years, you already have "good driving points" and should have little or no impact...

Reckless Driving, on the other hand is something that you can live with, negatively, after the fact for years to come...

Good luck!!

BluemontGlock wrote:Aside from the obvious reasons to give a reckless driving ticket, the police also give reckless driving tickets when here is some leeway involved ( according to fairfax county LEO I know ) as it does allow the judge to adjust and alter the charge, and penatly...whereas with "failure to obey a highway sign" is a situation where you are guilty of the craime or not. period.

Sorry, I don't/can't buy that. More like LAZY. If they think there is leeway, PUT THE LESSER CHARGE! Don't rick the drivers life and liberty with a C&R!