Legal Question in Traffic Law in Virginia

Wrong Offense on Citation

At an intersection, I stopped at a stop sign. A car approached from my left, with its right turn signal on. As the car was slowing, I believed it would be turning onto the street I was on, so I began my left turn. Unfortunately, the car was intending to make a right turn about 600 feet further, so I hit it.

The police officer charged me with 46.2-825 (Left turn traffic to yield right of way) which requires a driver making a left turn to yield the right of way to a car coming from the opposite direction; but there was no car coming from the ''opposite'' direction.

Rather, it seems that I should have been charged with 46.2-821 (Vehicles before entering certain highways shall stop or yield right of way). This law requires that before proceeding onto a highway where the intersection is controlled by a stop sign, I must yield the right of way before proceeding.

Does it make sense to contest this ticket? Thanks.


Asked on 2/20/06, 1:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrong Offense on Citation

Sure, why not? You can explain it all to the judge. If you've been charged with the the wrong offense, i.e., one that is not applicable to the

particular set of facts involved in your case,

you may succeed in securing a not guilty verdict or dismissal if for some reason the prosecutor does not see fit to amend the charge before the case is tried.

Read more
Answered on 2/21/06, 2:42 pm


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