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I was pulled over for speeding and the officer said, "Before…

I was pulled over...

I was pulled over for speeding and the officer said, "Before I decided to put my lights on and pull you over, boop- you threw a cigarette out the window. I was issued a speeding ticket and a ticket for failure to obey a highway sign. The officer said, "For you, this means littering". However, a No Littering sign does not exist on the highway I was traveling. If that sign does not exist, can he give me a ticket for that? The sign I failed to obey was the speed limit and he issued a ticket for that.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Do you need to appear in court?

If I don't prepay, but I'm concerned it may be worse if I try to fight this.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel he pulled me over because of the cigarette more so than the speeding since he stated, "before I decided to put my lights on and pull you over, boop, you threw a cigarette out the window"

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Answered in 53 minutes by:
11/25/2017
Juliana
Juliana, Attorney
Category: Traffic Law
Satisfied Customers: 1,669
Experience: Licensed attorney for 23 years. Former mayors court magistrate and traffic prosecutor.
Verified
Hello,Here is the New Jersey statute that pertains to dropping debris from a motor vehicle:39:4-64 Throwing or Dropping Debris from a Vehiclea. No person shall throw or drop any bundle, object, article or debris of any nature from a vehicle whether in motion or not when such vehicle is on a highway. The words "object, article or debris of any nature" as used in this section shall be deemed to include a cigarette, cigar, match, or ashes, or any substance or thing in and of itself likely to cause or fuel a fire, but such inclusion shall not be deemed to in any way limit the generality of the words "object, article or debris of any nature." Any person who violates this section shall be subject to a fine of not less than $200 or more than $1,000 for each offense.b. There shall be a rebuttable presumption that the registered owner of the vehicle, if present in the vehicle, or, in his absence, the driver of the vehicle, is presumed to be responsible for any violation of this section, if:(1) A bundle, object, article or debris of any nature is thrown or dropped from the vehicle by an occupant of the vehicle;(2) There are two or more occupants in the vehicle; and(3) It cannot be determined which occupant of the vehicle is the violator.The state is not required to post a sign that says "do not litter." This law is in effect state-wide, and it applies equally to anyone who operates a vehicle anywhere within the state.In New Jersey, the default speed limit around the state is 65 m.p.h. unless the county, state, or municipality posts a sign indicating the speed limit is something else in a particular area (for instance, 15 m.p.h. in a school zone). In a prosecution for speeding, the government has to prove that the driver was exceeding the posted speed limit. As a result of different speed limits in different areas, signs indicating the speed limit in a particular area (i.e., the "posted speed limit") are common, and in fact, necessary.If the officer in your case saw you throwing a cigarette out your car window, he could stop you (and give you a ticket) for that. A sign prohibiting littering is not necessary. He could also stop you for speeding, if you were exceeding the posted speed limit, as reflected on a sign in that particular area.Hope this helps!
LegalEase101
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Customer reply replied 3 months ago
This is information for New Jersey. I was in the state of Virginia!
I apologize for the error. Below is a link to the speeding statute in the state of Virginia. Virginia has a variety of speed limits, depending on the type of highway and the type of vehicle. The statute speaks of the speed limit being posted on a sign. If a driver exceeds the posted speed limit, he/she can be stopped and ticketed.
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-870/The littering from a motor vehicle law applies statewide in Virginia. Here is a link to that law:https://law.justia.com/codes/virginia/2006/toc3301000/33.1-346.htmlSo, if the officer sees you throwing litter, including a cigarette, from your vehicle, he can stop you and give you a ticket. A sign is not required because the law is the same all over the state of Virginia. A sign that reflects the speed limit in the particular area is required, however, so that drivers will be aware of the speed limit in the particular area, since the limits can vary as indicated in the state statute.Again, I apologize for the initial mix up regarding the state.LegalEase101
Juliana
Juliana, Attorney
Category: Traffic Law
Satisfied Customers: 1,669
Experience: Licensed attorney for 23 years. Former mayors court magistrate and traffic prosecutor.
Verified
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Juliana
Juliana
Juliana, Attorney
Category: Traffic Law
Satisfied Customers: 1,669
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Experience: Licensed attorney for 23 years. Former mayors court magistrate and traffic prosecutor.

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