Legal Question in Traffic Law in Virginia

No right on red in Virginia:

I got a ticket for making a right turn on red at a light where a "no turn on red" sign was posted. I know that what I did was illegal, but I have some mitigating circumstances and was wondering which, if any, might get the ticket dismissed or reduced to a warning.

1. I'm 21 and have never been pulled over in my life. (I drive the speed limit, pay attention to highway signs, etc.

2. There was a vehicle in front of me that made the same illegal right turn (and wasn't pulled over). I'm wondering if the fact that I have out-of-state plates led to me being pulled over instead of him.

3. The "no turn on red" sign is very new. I don't know how recently it was posted, but I've never seen it before (and go through that intersection often) and it's definitely not present in the photo on Google StreetView. Isn't there any kind of grace period when new signs are posted?

Thank you for your legal advice. I'm not trying to whine my way out of anything, I just don't feel that this ticket was justified.

Asked on 10/11/09, 3:38 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In my view, neither of these items which you've listed out and characterized as "mitigating circumstances", considered either individually or collectively, would be a legally sufficient basis to have your traffic charge dismissed.

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Answered on 10/17/09, 10:58 am

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