Evading traffic control.....

[RickA]

I was asked if I was using this to get around the traffic. I told him that I was

He confessed to it so they proceeded with the traffic ticket.

Yes, but what did I confess to? Not knowing there was a law against it I could not have confessed to "avoiding traffic control"...correct?

He did not ask if I was avoiding traffic control, he asked if I was taking this route to get around traffic. He did not make it known to me that I broke a law until AFTER his question. All the officer did was ask me if I was trying to get around traffic, which I was.

Had he asked if I was "avoiding traffic control" AND I answered yes, he would have a better way of it, but that was not what he asked...see?

Think about this law.....avoiding traffic control. What are we said to be avoiding? the sign, correct, when I get to the entry point, from the parking lot, don't I STILL have stop to make sure it is safe to proceed? yes.

[RickA]

Let me ask a question. Would you all fight this?

I'm by no means wealthy, but the fine will not put me in a bind. Is this one of those deals that "might not" be worth it?

How would you all proceed? I ask because I still do not have the whole picture put together.

Thanks for the responses.

Originally Posted by RickA

Let me ask a question. Would you all fight this?

I'm by no means wealthy, but the fine will not put me in a bind. Is this one of those deals that "might not" be worth it?

How would you all proceed? I ask because I still do not have the whole picture put together.

Thanks for the responses.

Can't advise you on that, but If I just got a ticket for something I didn't do, I'd prolly fight it.

That's your call.

Originally Posted by RickA

Yes, but what did I confess to? Not knowing there was a law against it I could not have confessed to "avoiding traffic control"...correct?

He did not ask if I was avoiding traffic control, he asked if I was taking this route to get around traffic. He did not make it known to me that I broke a law until AFTER his question. All the officer did was ask me if I was trying to get around traffic, which I was.

Had he asked if I was "avoiding traffic control" AND I answered yes, he would have a better way of it, but that was not what he asked...see?

Think about this law.....avoiding traffic control. What are we said to be avoiding? the sign, correct, when I get to the entry point, from the parking lot, don't I STILL have stop to make sure it is safe to proceed? yes.

Did you violate the statute or not? If not, why not? If so, why fight it? If not, why not fight it with evidence (affidavit that can be rebutted)?

I really believe that if you get the book from Marc, that you will understand your position much better.

HB

[weishaupt1776]

I hate to be the monday morning quarter back, but if this happens to any of us again and the cop asks if we were doing this to avoid traffic, we should ask if he means the statutory definition of traffic as ruled upon in the courts in America. Maybe we should have those cites with us always.
Turn the conversation into a bugs bunny episode.

Anyway, Rick, you really need to buy the book HB referred you to & listen to his radio shows. I download the mp3's & burn to cd & listen to them at my leisure. We're here for you, at your service.

[RickA]

I've been mulling this "evading traffic control" thing, went back and read one of HB's post to it, and realized I didn't read it carefully the first ten times.(slow on the uptake)

Having read the code, here in Virginia, it strictly speaks of "evading traffic control devices". Here is the link: http://leg1.state.va.us/cgi-bin/legp...cod+46.2-833.1

and here is the content of the link:
§ 46.2-833.1. Evasion of traffic control devices.

It shall be unlawful for the driver of any motor vehicle to drive off the roadway and onto or across any public or private property in order to evade any stop sign, yield sign, traffic light, or other traffic control device.

(1993, c. 117.)

Someone mentioned looking up the annotated code, or something or other at a library, could someone explain what that means?, what should I be looking for?

Thanks

Hi All,
Many moons ago, I drove through a gas station to avoid (evade?) waiting at a red light for a couple of minutes...
I was stopped and was asked if I was trying to avoid control...
I knew it was "illegal", but I told the officer I was going to buy some gas, when I realized I had no money - so I lied not to get a fine. I can see the reasoning for "them" wanting "us" to drive on the actual street and not through parking lots and gas stations....

Either way, I always fights my tickets - even for 20 FRNs (!) let alone 107 FRNs!

I think that if there is no injured party there should not be a penalty!

[RickA]

Whoohoo, I've got(two fingers stuck WAAAAAAY out) two stars.

What happened to page three of this particular thread? Will it be coming back?

Thanks.



BenGera, had there been no traffic, five cars deep, most wanting to turn left, I would not have minded and went to the sign, but there was a line five card deep and I wanted to turn right.

Thanks

[TheBlackTruth]

I was just wondering the same thing. I thought i was loosing my mind because i was SURE I had said something on this thread!

-BT

[RickA]

Oh yes TheBlackTruth, you did say something in the thread, about a page full. I was hoping to see some more of it.