Warning ticket

[DRAGUL]

Just out of curiosity I thought I would ask, and yes I know it was only a warning ticket. The story is I am on my way home at night and get behind this car doing 10 mph in a 50. The car is a wreck. The whole drivers side of the car is smashed and covered in plastic with pieces dangling off. It had two flat tires and
half the lights not working. Looking at the car I questioned if it was even registered and had insurance. And when was one of the dangling parts going to fall off and hit my truck. Well I decided to pass him and yes it was a double yellow line (no passing lanes on this road). I waited until there was a long straight away with nothing coming and no side streets so it would be safe. ( They don't call this road suicide 6 for nothing). Long story short I got pulled over for doing this. Now my question is are there times when you can pass somebody legally when the vehicle in question in front of you is a danger and should not be on the road? Now the officer said that he saw the car and would have gone after him but was committed to going after me.

 

[FordSVTFan]

Just out of curiosity I thought I would ask, and yes I know it was only a warning ticket. The story is I am on my way home at night and get behind this car doing 10 mph in a 50. The car is a wreck. The whole drivers side of the car is smashed and covered in plastic with pieces dangling off. It had two flat tires and
half the lights not working. Looking at the car I questioned if it was even registered and had insurance. And when was one of the dangling parts going to fall off and hit my truck. Well I decided to pass him and yes it was a double yellow line (no passing lanes on this road). I waited until there was a long straight away with nothing coming and no side streets so it would be safe. ( They don't call this road suicide 6 for nothing). Long story short I got pulled over for doing this. Now my question is are there times when you can pass somebody legally when the vehicle in question in front of you is a danger and should not be on the road? Now the officer said that he saw the car and would have gone after him but was committed to going after me.

Take it to court and plead the defense of necessity. Legally it shouldnt work with a civil citation but it might. You will be able to get the officer to admit that the other car was a hazard and he would have stopped him. Then you can tell the judge/magistrate that hazard created the necessity for you to break the law because of the vulnerable position it put you in.

Good luck.

 

[DRAGUL]

Thanks for the info. I am not going to fight a warning ticket. I just wanted to know if I definitely was in the wrong to do what I did.

 

[fiveohpoepoe]

I think you missed the "Warning" part Adam.

To answer your question, no. Though it is common and I understand your point. Just like passing a garbage truck or similar vehicle on a double yellow. Its done often but not enforced to my knowledge.

 

[DRAGUL]

So I should not have received the warning ticket? By the way this was also a off duty officer.

 

[fiveohpoepoe]

Off duty has no bearing, period. You had 3 choices
1-citation
2-verbal warning
3-warning ticket
You best option was 3

 

[drewkeen]

Why is a written warning better than a verbal one?

 

[FordSVTFan]

I think you missed the "Warning" part Adam.

To answer your question, no. Though it is common and I understand your point. Just like passing a garbage truck or similar vehicle on a double yellow. Its done often but not enforced to my knowledge.

I didnt miss that it was a warning ticket. I was lending a little perspective to a non ticket. ;-)

 

[fiveohpoepoe]

A reminder that whatever you did you got a warning for in case there is a next time.

Goes down for a "stat" for the officer

 

[silver03svt]

WE dont have "warning" tickets in VA. The only warning I give is "if you do that again, I'll write you another ticket for it". I'd consider myself lucky OP.

 

[94ConvertibleV6]

WE dont have "warning" tickets in VA. The only warning I give is "if you do that again, I'll write you another ticket for it".

I can verify that this is true.

 

[DRAGUL]

I do count myself lucky I got the warning. And that is not the issue here. As stated, I just wondered if I was truly in the wrong. And this is the only place that I know of, that I could ask. Thanks guys for all the responses. BY the way how long does tickets usually stay on one's record? Or does it vary from state to state?

 

[silver03svt]

You got caught on a technicality. Technically, you did violate the law as it is not legal to pass anybody for any reason on a double yellow line. The length of time is stays on your record does vary from state to state.

I am curious why the officer didn't stop the POS also, as I am sure it must have had to pass you both while he had you stopped?

 

[DRAGUL]

He told me that he was wondering why everybody was going so slow. Then he said he saw it as he passed it to pull me over. But could not have pulled it over because he was committed to going after me. I guess he was quite a few cars back. It was night time so I never saw him. As for the pos that person took the first side street he could, probably so he didn't get pulled over. When I was pulled over it never passed by.

 

[bones302]

maybe he only gave you a warning ticket b/c he couldn't give you a real ticket.

In NY, only on-duty officers can enforce the vehicle & traffic law, and even then they have to be in uniform to do so.

 

[silver03svt]

That is a possibility too. Although in VA, we are only required by law to be in uniform to issue a ticket for any RADAR offense. All others are fair game on or off duty.

 

[Blown38]

Did VA do away with warning tickets in the last few years? Cause I got one back in 02 or so.

 

[Monster Mach]

maybe he only gave you a warning ticket b/c he couldn't give you a real ticket.

In NY, only on-duty officers can enforce the vehicle & traffic law, and even then they have to be in uniform to do so.

incorrect.. a ny officer is never "off duty". they can issue a ticket at any time just like they can carry their service weapon at all times.

 

[silver03svt]

B38, was it a state trooper or a local pd/sheriff? The State Police hasn't had written warnings as long as I can remember.

 

[FordSVTFan]

maybe he only gave you a warning ticket b/c he couldn't give you a real ticket.

In NY, only on-duty officers can enforce the vehicle & traffic law, and even then they have to be in uniform to do so.

Really? Where did you come up with this one?