Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
How can a person (Virginia Code) have the Right of Way when they are illegally passing on the shoulder of the road in which the lanes of travel are stopped due to a traffic signal? My son was involved and charged in an accident. He was crossing across the lane of stopped traffic when the vehicles collided as he was entering the "shoulder". Initially the officer stated it was a turn lane but that has since been corrected to be the shoulder.
State/Country relating to Question: Virginia Already Tried: After getting the 'Official" clarification from the area Traffic Engineering Department who stated that the "turn lane" was wrongly termed by the officer, the area police department was contacted and they agreed that it was now the "shoulder" of the roadway and that the other driver, who they have documented as travelling 35mph, would be charged. They are charging her under the Reckless Driving General code or Passing on the Shoulder of the Roadway. I have contacted the Commonwealth Attorney's Office here, in which I was informed that my questioning made them uncomfortable because I was a police officer in the city for 10 years (1982-1992) & knew the rank & file, to see if the charges could be dismissed against my son. I feel he was wrongly charged. They are going to leave it up to the judge and would only get involved if there is another attorney. I can not see how my son should have this charge to clear because he was not struck by the vehicles that let him thru. He did check to make sure that the way was clear and actually had proceeded across two lanes of travel before the accident. He was turning left across two lanes of traffic that were stopped for a red light during 5:00 traffic (i.e., the roadway is packed). She left her lane of travel and drove on the shoulder of the road going past at least 3 driveways to pull into a gas station. The turn lane is designated up around that gas station. Hope this helps.
Dear worried,
Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
1. What was your son charged with? Exact citation please, as found on ticket.
2. Was this a 4 way intersection with traffic light?
2.1 If so, how may lanes in each direction/roard
3.. If so, was your son traveling on the road with the green light?
4. Was he in the right hand lane of that road, going straight? while cars to his right (on the perpendicular road, that had the red light and were stopped?
5. Why was he in the shoulder?
It would be great if you had a copy of the police report and could scan it in! I'm having difficulting 'seeing' what happened here.
I look forward to getting to work on this for you. Hang in there!
Sincerely,
S. Joy, Legal Expert
Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.
A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
I do not have the accident report with me at my office but I will try to describe the area the best that I can. I believe he was charged under Virginia Code Section 46.2-863 due to it falls under the Reckless Driving definition. The traffic signal is at a 4 way intersection but the accident occurred approximately 500 feet away. My son had been travelling northbound and got over to make a left turn (There is a turn lane). The southbound traffic was stopped due to a red light. The drivers in both the lane of travel (southbound) had left an opening for my son to proceed across the lanes so that he could enter into the shopping center. This is not controlled by a traffic signal. He states that he checked to make sure that he could safely proceed, had crossed the two lanes of travel when he saw the other vehicle "flying" on the shoulder. He attempted to turn to avoid her however his left front bumper (angle impact) struck her driver's side. Does this help or do you need more information?
Hi worried, I now see both your second 1/2 of your first post, as well as this latest addition. I think I 'see' it now.
First, a charge of reckless does not sound appropriate, although technically, he could get a ticket. Didn't you say at first it was Failure to Yield the Right Of Way? Let me know. Reckless seems like a ludicrous charge for him (maybe not for her).
Whenever he cross traffic to leave or enter a road way, the onus is on us. For instance, let's say that WAS a turning lane - even if the other driver waves us on, doesn't mean that we have a right to not look and ensure that the next part of our course of travel is clear - we have a duty to be aware of our surroundings. Now, the question for the judge will be (or the prosecutor), did your son not take reasonable steps to ensure he was fully aware of his surroundings? For instance, as he started to pass the second car lane that let him infront, did he bother to look to his right before 'inching out' to cross that shoulder? Yes, she should not have been there, and she better get a ticket. However, that fact does not reprieve him necessarily - because when the accident happened, he had no idea if she was there for a justified reason (whatever that may be, such as an emergency) or not. My biggest argument for him would be that he DID look, as far as one could, before moving forward, and there was no one there because she was not in that stretch of road that as reasonable driver looking to actually see - however, due to her great speed, as he was pulling through, she traveled so fast that she collided with him. (This is actually the argument to defend against a civil suit! But if the shoe fits...)
The woman on the shoulder was being rather egregously negligent in her actions, in addition to breaking what is likely an express motor vehicle law regarding driving in the shoulder, but speeding when doing so. I know we all (most of us) do sneak up on the shoulder at times - but no speeding! (and of course, taking the risk that we'll get a ticket for doing so).
Remember, there is nothing to stop them from charging 2 drivers if 2 drivers broke a law. Your son's case, however, is so much weaker! Let me know if it really is the reckless, because I would not expect the prosecutor to rely on that charge or push it.
Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.
Managing Attorney
17 Years of Legal Practice Experience in this precise field.