By Brad Sears
“What was that”, asked Lucy. I checked the rear view mirrors and there was a little white car veering away from the car trailer that was attached to the motor home. I was, at that point, in the middle of the intersection going straight across on a green light so I pulled to the curb on the other side of the intersection. After all it was morning ruse hour traffic in Harrisonburg, Virginia on a rainy spring morning and as the incident appeared minor I pulled clear of the intersection and over to the side.
Almost instantly a police cruiser appeared with lights blazing. The other driver opened the damaged door and stepped out with a cell phone to her ear. She identified herself as a county employee and was talking to her supervisor on the phone.
That is only the beginning of the story. The officer asked each of us for our papers and then asked up to wait in out vehicles for him to come back. He processed the county employee first and then came to the motor home.
First he handed me my paper work and then issued me a citation and a summons to appear in court for illegal lane change. This without seeing the incident, taking measurements, in the absence of witnesses or anything else. As he asked me to sign the citation he said that he was going to the court and have the charges dropped but that under the law he had to other alternative than to issue the citation.
He gave me the case number but not any information about the other driver and he had already sent her on her way. As the court date approached I contacted the officer and he assured me that I did not need to appear and that he would ask the judge to drop the charges. That did not happen and the next thing that arrived in the mail was a summons for a new court date. Now Harrisonburg, Virginia is a fair distance from New Hampshire and as such the trip to court to defend myself would likely cost several thousand dollars out of pocket.
I called the court and they said that I could settle the matter for a fine of 91 dollars and a pleading of guilty. But wait a minute, a pleading of guilty would reflect on my insurance rate for the next god knows how many years and the cost could run the several thousand dollars that the trip would cost. And would going to court prove me innocent in the absence of witnesses?
I asked the clerk that answered the phone at the court house if she would attach a letter from me to the case file if I sent a check for the amount. The letter would state that I was not guilty and only paying the fine to eliminate a costly trip to Harrisonburg court. She agreed to that stipulation for what it would be worth.
Looking back on the situation here is what I think that I should have done. As I was moving slowly from a stop as the light turned green, I should have stopped in the middle of the intersection blocking traffic. This way the officer could have seen that I was in my own lane and had not cut across in front of the county car. I would have given any thing to have a video recorder hooked up to the rear view camera.
The damage to each vehicle was minor. My exhaust extension was the biggest loose on my rig and a little scrapped paint on the car trailer. Yep, the exhaust tip was the first point of contact, well behind the rear wheels. It still amazes me how I got the back end of the rig to move sideways opposite the swing. If I had made a lane change as accused the back end of the rig would have swung away from the county car not towards it.
Talking to my insurance company today I learned that the county in Harrisonburg has not been in contact with them and my insurance is not inclined to pay them if they do file a claim, but that still leaves the citation.
The question here is what would you do, travel to Virginia and fight it as an out of state defendant or pay the $91 and chalk it up to a bad dream. This occurred on the second to last day of a 6 month 11,000 mile incident free adventure.
Sue
I’ve tried 3 times to see what happened on this and I can’t seem to get the Captcha code right.
Barry Zander
I suggest contacting the city to ask for the names and addresses of the city attorney, local judges and clerk of court. Next, after correcting all the typographical errors in your story, you might send each of them by name a copy of your story, asking them to advise you on what you should do to expunge your record.
Roger
You, and others, might consider joining the National Motorist Association. http://www.motorists.org/
They fight for rational traffic laws and were a major force behind the repeal of the idiotic 55 mph speed limit.
They have resources -booklets & videos and information on how to fight un-just traffic tickets.
They have a short list of Traffic Attornies (sorry none from VA) .
They have a VA State Coordinator you could contact who might have a name of a local friendly lawyer.
Retired Cop
Brad, consider this. Taking the time and bearing the expense to go to court may not necessarily give you the result you want. It’s obvious that the policeman took the word of the other driver, but still there is no proof that she was being truthful. Stopping in the intersection is not a good idea, and also would not have proven who was at fault. Plus, there is considerable danger of creating another collision by not pulling over to a safe position. I don’t know how big the town is, but as a former CHP officer, I do know that justice in a small town traffic court is sometimes no justice at all. Personally, I’d pay the fine and be done with it. It’s doubtful that a minor accident and citation will cause any increase in insurance.
Brad Sears
As Lucy is a photo journalist we have photo’s, a complete set. I am in the process of getting quotes from lawyers in the Harrisonburg area to attend court on my behalf and still mulling the idea over about driving down to appear myself. I need to check the laws in Virginia about a citation where the officer did not witness the incident, anyone know?
lba
I had the same thing happen, not with a motor home, but with my car. Because the road was slick and I hit the rear of another car (oil was all over the road), I was seen at fault because the officer said, “Someone has to have a citation”. The officer told me to go to court and fight it. I didn’t . I should have fought it. By the, way, I was traveling at least 10 miles under the speed limit when I hit my brakes, and was still cited as “driving too fast for conditions” because he couldn’t find anything else to fault me on.
By the way, my 5th wheel insurance went up because of the ticket, my car insurance went up, and I’ve seen several instances where it was even brought up as causing an issue with a loan on an RV! I probably have lost several hundred dollars by not fighting a $100 ticket. Easy.
Dalton Tamney
As one who has travelled extensively far away from my home, in Canada, without incidenct (touch wood) this injustice is unnerving. Up here we have always expected that having a foreign licence in the US would make us vulnerable. I don’t know how much they could help, but I would call my CAA/AAA number and Good Sam number to ask for advice. I would also make sure to take plenty of pictures and even a picture of the police officer and the other car. I would pay the fine but, as has been suggested, not admit guilt and submit a letter to that effect to the court house. Frankly this is making me nervous and Harrisonburg, Virginia will not be on the list of places to visit and spend my money.
Maggie
I would have paid the damn $91 fine and said the heck with it. Life is too short to fight over the small indignities. Would I have been hacked off, heck yes. But in this life, you pick your battles. That one would have been far more costly to fight than it was worth.
Merrykalia
Since you have posted here, maybe, just maybe you will have a lawyer that works in the Harrisonburg area contact you. Maybe not, but it’s a hope that there is one that would like to see justice done, and won’t charge you an arm and a leg.
I am going to assume that you at least have the officer’s name/badge number from the citation. Call the police department and ask to speak to a supervisor and then ask how you go about filing a complaint. Most departments have gone to a written complaint form that must be notarized. You apparently got an officer that was in a hurry and just wanted to get away without wanting to know what happened. You are from out of state and the officer and other drive knew that you wouldn’t want to come back to fight the ticket.
Make that complaint!! It may not help, but you will feel better about it.
Grampa Jim
Ya, right…..I’ll suspect that the county employee lady was the cop’s wife, and they just left each other from a lunch date. Yuck, yuck.
Catchesthewind
Most jurisdictions now require you to move to the side of the road in minor property damage accidents. It is for this reason that you photograph the scene before moving your rig. Also all states require drivers to exchange insurance,registration and drivers license information. Also the officer was wrong for issuing the citation for a misdemeanor violation not committed in his view. I would have found a good campground and requested the earliest court date and pled not guilty. In all probability the county employee would not be there and absent any witnesses the judge would have no recourse but to dismiss the charges.
Joseph Kleinsmith
After stopping and clear of the intersection, I would of taken photos of the other vehicle, intersection, officer, demanded license, address and insurance of the other driver. In writing to the court, I would of requested copy of all notes, photos etc of the officer. I also would of requested a court date that would accomodate my calendar for a return by car to defend myself in traffic court. Some courts allow you to plead not guilty and send a sworn affidavit to the judge pleading your case. or hire a lawyer to represent you in you absence.
Brad Sears
Larry, are you a lawyer? If so, take the case.
Brad
Larry Castle
I would have had that police officers job. because the other car was county does not give the carta blanch on the road way, second I would be have a suiet against the county and I would start at 5 million, every time they caugh it would go up another 5 mil. Then I would go after the person driving the car and that would start at 1 million in damages and agrivation.
Brad Sears
According to my insurance company I did the right thing as far as they were concerned by clearing the intersection. As far as the comment of preferential treatment goes, it sure look that way. Before the next trip I will have a continuous loop video recorder on my rear view camera.
Brad
Chuck
I would have blocked the intersection. As you stated that would have been the only way to prove your inocence. The other driver, being a county employee, is a sure sign of them getting privileged treatment from the officer. Government workers stick together.