Legal Question in Traffic Law in Virginia

Reckless Driving on Military Base

My husband and I were driving on the Ft. Eustis Army base in VA and were stopped for speeding. The Officer handcuffed my husband and detained him for two hours on the charge of Reckless Driving for speeding 20mph over the speed limit. He stated that my husband was driving at 45mph.

He wrote that the offence occurred about a quarter of a mile or so after the posted speed limit sign of 30mph. He said that the speed limit was 25mph because the presence of the signs do not indicate where the speed limit changes, but a certain amount of feet after them is when it actually changes.

I believe we can win this; we took photos of the posted sign and where the offence occurred. It seems unreasonable to think that most people would wait that far past a speed limit sign to speed up!

My question is this: has anyone ever heard of a law that states that only a certain amount of feet after a posted speed limit sign determines when you should change your speed? Are there different rules for military bases for this? Thank you in advance!!!


Asked on 12/15/08, 12:55 pm

2 Answers from Attorneys
James Bullard James A. Bullard, Jr., P.C.

Re: Reckless Driving on Military Base

There is no law to that effect of which I am aware. Is your husband's case in newport news or on base?

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Answered on 12/15/08, 2:01 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Reckless Driving on Military Base

This charge is absurd as you've described it (not only the facts alleged in support of the violation, but your husband being handcuffed and detained in custody for two hours.)

Your husband should challenge the goverment's case in whatever federal court that it may be brought in case any federal prosecutor actually has the audacity to formally "paper it".

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Answered on 12/15/08, 4:47 pm


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