Moving violation while asleep?

Hate to agree with the trooper in Va. but there are signs posted and if a driver cannot read or comprehend what the sign means, then that driver shouldn't be driving. In Va. "failure to obey highway signs" also rewards the driver with points on their dmv. I am in full agreement with keeping trucks off of ramps and half-way out in the highway at rest areas.

 

That rule is fairly inclusive in all states. If you're on your own property, or any other private property, a driver license is not required to "legally" drive. Only public roads count where a driver license is concerned. Anyone, with or without a d/l may drive any vehicle on private property at any time, if allowed by that property's owner. Also, it is evidently perfectly legal to be drunk and even disorderly while on private property unless the actual owner or someone with "power of attorney" has said otherwise and/or made a complaint(written or verbal) to law enforcement.

The problem of trucks parking "illegally" is different from the issue at hand. Yes, this stemmed from that issue, but it grows into something more when a "moving violation" is written.

A no parking sign means just that... However, parking specifically means "not driving" and "not moving," thus, a moving violation is out of order.

When you're parked(and no driver is in the driver seat), you're not moving... That's all to it... Can't understand a moving violation being issued to the operator of a vehicle which wasn't moving while committing the offense.

 

You ever drive down a surface street and have someone drunk on a bicycle just pull out and you try to stop? I agree with any law that forbids drunks from having control of any vehicle that might impact me.

 

I pulled off onto the shoulder on an on ramp in TN. I had to throw up. I got out and was standing between my truck and trailer on the passengers side throwing up. The officer walked up and asked my why am I parked on the on ramp. I wiped the vomit from my lips and said " isn't it obvious?" He said, "your not allowed to park on any ramp in TN." I told him this was an emergency. He said, "an emergency is determined by an individual." I was getting mad. He knew that. He said "you have to move." I said OK. Then he said "finish up while I write your ticket." That cost me $186.00

 

Not me... There are other laws regarding safe operation of a bicycle... Besides, have all those bicyclists who pulled into your lane of travel been drunk? I'd suggest most were probably sober as a stone. We know this to be true when looking at accident reports in general. Most times when a cyclist is hit, he/she was sober. Most are probably young children, who never knowlingly drank an alcoholic beverage in the 1st place.

 

Besides, at that point, he's on the public roads, and subject to the DUI laws

 

You guys are missing the most obvious point here.

Bike riders are subject to the Rules of the Road. One of those rules deals with under the influence.


Now back to our regularly scheduled forum.

It seems odd that Virginia could get away with this being classified as a moving violation. It would be worth contacting them concerning the classification. Otherwise, the best thing to do it to write down the violation as a moving violation and explain the reason in detail. If it is not shown, and they run your record, that is where it is found and then they might have rules to not hire because of full disclosure.

 

I agree... I was a Police Officer for 7 years and agree this ticket should be fought. It would have been better to do so at the time, however you may still be able to do so. If you get through VA enough to fight it, I would call the courthouse in the jurisdiction you got the ticket in and see what the procedure is to petition a judge for an amendment to the charge or dismissal of the charge. If you don't have the time to physically appear, ask if a sworn affidavit could be submitted to a judge for review. If all else fails, you could see the help of an attorney. Most judges are reasonable and will probably change the charge to a parking violation instead of a moving violation unless you pi** them off somehow.

 

I guess you've never been to Las Vegas and driven at night. There you will see almost anything. And the one time where a bicyclists was out in traffic that had an impact on me, YES he was drunk. So you're saying it's ok to be drunk and be on a bike? A sober bicyclist is not going to be hazard to me, a drunk anything is. Your statistics do not apply here since a truck is involved.

 

The statistics apply, as bicyclists get hit by just about any type of moving vehicle(including trains), and hit parked ones... Sober or drunk.

If you've only had 1 bicycle pull into your path, you're doing better than I in that regard. I can't begin to remember how many caused me to alter my direction or speed or both. Of those, I suspect a fairly small percentage was drunk. Less than 10% at most since the majority have been young children.

I never even hinted that it's okay for a bicyclist to be drunk. The fact is, there are indeed other laws governing the riders of them. They have been "on the books" much longer than drunk driving laws since 1987(when they began to get serious).

How can you think a sober bicyclist isn't going to be a hazard to you? Is there some force field preventing them from getting in the way out in Vagas? Fact is, most bicyclists involved in crashes are completely sober,(just stupid or having terribly bad judgement). We know this as fact, not opinion. And there are those times a vehicle is speeding, causing the crash.

Anyway, we're off topic.