In Fairfax County, Failure to Obey a Highway Sign is a common charge. It is a 3-point offense for DMV purposes and remains on the driving record for 3 years. It is a relatively minor charge but will appear on your driving record and may affect insurance rates. Many of these types of cases can be negotiated down by a traffic ticket lawyer to a no-point non-moving violation. However, the results will depend on certain factors.
Running a Stop Sign in Fairfax County
Virginia Code §46.2-830 makes it illegal to disobey lawfully erected traffic control devices. While a "lawfully erected traffic control device" is a broad term, this code section is mostly used in cases where the person went through a stop in Fairfax County. Many people do what's called a "California stop" or "rolling stop" without stopping completely before proceeding. In these cases, provided traffic was unaffected, most can be worked out with the court to a lesser offense. Of course, the the sign must also be visible (and legible) for a violation to occur.
Other instances of Failure to Obey a Highway Sign in Fairfax County
Many times, people call us having been charged with Disobeying a Highway Sign. Upon further discussion, it turns out the person was actually speeding but was written for the lesser offense. Depending on the speed, we may recommend people simply prepay these charges because they were already given a break by the officer. For example, if the person was going at a speed that could be construed as reckless driving but was given a Highway Sign charge, we will most times recommend prepayment of the charge. However, if the speed is not elevated (run-of-the-mill), we may be able to still enter into a successful negotiation to have the charge reduced.
Failure to Obey a Highway Sign - Sleep
In Virginia, §46.2-830.1 is designed as a lesser-included offense of Failure to Obey a Highway Sign. It is a no-point offense for those that are parked or stopped on the shoulder or other portion of the highway not used for vehicular travel and are sleeping or resting. Many times, this offense is what we work towards as a reduction from the primary offense since it doesn't carry DMV points. If, however, the officer charges you with this Code Section after either going through a stop sign or committing some other moving violation, we will likely recommend you prepay this ticket.
We Offer a Free Consultation
Feel free to reach out to us if you have been charged with Running a Stop Sign or other Highway Sign in Fairfax County. We will listen to your case and give you a good idea of what to expect in Court and what we can do for you. In most cases, we can appear on your behalf for Court and resolve the case without you having to appear. Give us a call or use the contact form and we will fully apprise you of the available options.