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Thread: traffic stop in Virginia Beach

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    well i had my first traffic stop yesterday armed. went well the cop was gun friendly. they did temperarly sieze my weapon. happen in vb. now does anyone know a state law that states how long a speed limit sign is good for. and the distance before a another sign must be posted. i recall hearing of this before. but cant seem to find what im looking for. the speed limit sign is 25 mph. any help would be great thanks

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    Regular Member wylde007's Avatar
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    There is no RAS at a traffic stop to seize.

    File a formal complaint. Immediately. Copy the city attorney and Philip Van Cleeve.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
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    wylde007 wrote:
    There is no RAS at a traffic stop to seize.

    File a formal complaint.* Immediately.* Copy the city attorney and Philip Van Cleeve.
    This man speaks the truth, should of had to give up your weapon.....at least nothing bad happened besides that I guess.

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    beachpatriot13 wrote:
    well i had my first traffic stop yesterday armed. went well the cop was gun friendly. they did temperarly sieze my weapon. happen in vb. now does anyone know a state law that states how long a speed limit sign is good for. and the distance before a another sign must be posted. i recall hearing of this before. but cant seem to find what im looking for. the speed limit sign is 25 mph. any help would be great thanks
    Did you get a ticket? What for?

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    Campaign Veteran skidmark's Avatar
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    wylde007 wrote:
    There is no RAS at a traffic stop to seize.

    File a formal complaint. Immediately. Copy the city attorney and Philip Van Cleeve.
    Geeze, here we go again. "Officer safety." This is why there will be the never-ending debate over whether or not you should tell the cop you are armed when the law does not require you to do so. Yes, your CHP info, if you have a CHP, is popped up on the cop's computer when he runs your tag (presuming you are driving your own car & not somebody else's).

    As for how"long a speed limit sign is good for. and the distance before a another sign must be posted" - I'm not sure but my guess is the one you got busted for was good until the speed limit changes.

    stay safe.

    skidmark
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    i got popped for speeding. there is one sign when you turn on the road. but where the "offense happen" on the summons is far away from the sign about 1 mile. there took the weapon at the stop light when they came to the car from the pass side while we were waiting for the light to change where we could pull off some where safe. im not so much upset that my rights were violated. as im pissed about the ticket i wanna beat this any way i can. the officer that took way weapon was polite and perfessional. however if they were concerned with "officer saftey" sitting at a stop lamp in a lane of travel wasnt the safest place to take it. i think some where that a sign may expire and then you would maintane 35 mph.

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    There is no distance requirement. The speed limits only have to be posted at all if they vary from the statutory limits for the type of road you're on. Where that varies, the signs have to be posted at the beginning of every "zone", and there's no telling what that means. There are ways to minimize the damage, and if you were charged with reckless or improper driving as a result of excessive speed, those are crimes and you should have a lawyer.

    Basically, while you were detained, that was a valid arrest. But whether the police have reason to disarm you only for "officer safety" depends on the level and scope of the arrest. A mere traffic stop does not trigger that level of detention in my opinion.

    The problem is that you're in the position of having to defend yourself having been ticketed for speeding, and the gun issue is irrelevant to that charge. The only thing you could do by spouting off about that during your trial on the speeding charge is wind up worse off than you would have been.

    Technically, what the cop did, as a civil matter, is called, "trespass to chattels". That is he unreasonably and unlawfully interfered with your right to dominion and control over your personal property. But you didn't suffer any damages. No harm, no foul. If he hadn't given the gun back in the same condition, or if he'd dumped your cartridges out and thrown them away or some such, then you'd have a case.

    My suggestion is that you show up early, talk to the Commonwealth's Attorney on duty that day, explain that you were co-operative and whatever excuses you've got and ask him for a special dispensation of grace, assuming of course that the cop will corroborate what you've said. He'll probably knock it down to some lesser amount of speeding violation for you.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Why did you give up your weapon????

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    How fast were you allegedly going?

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    cruzn82 wrote:
    Why did you give up your weapon????
    didnt have a choice he enter my truck threw the pass side and removed it from my holster. they say it was 40/25

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    beachpatriot13 wrote:
    cruzn82 wrote:
    Why did you give up your weapon????
    didnt have a choice he entered my truck threw the pass side and removed it from my holster. they say it was 40/25
    He what? He invaded your truck? Whoa.

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    I just checked with my local sheriffs office and the Sergeant told me he would not seize your weapon during a routine stop. He said he would askto hold it during the stop for his safety and to see if the gun is registered to you and not stolen. I asked him if I refused and he saidno he would not forceme to hand it over, but to keep your hands in plain sight. That was York county.

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    Regular Member wylde007's Avatar
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    cruzn82 wrote:
    He said he would askto hold it during the stop for his safety and to see if the gun is registered to you and not stolen.
    1. There is no "registration" in VA.
    2. There is no RAS to "check" the serial number on a lawfully-carried firearm.
      NONE.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    Moderator / Administrator Grapeshot's Avatar
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    Let's get practical.

    1) The last speed limit sign approx. a mile back was 25 MPH.

    2) How fast where you going (per the ticket)?

    3) What would the default speed limit be for that type of road - 35?

    Getting the ticket reduced or nolle prossed (points and dollars) seems to be your desire - gather info for 1 -3 above and take a copy of your (hopefully) good driving record with you and follow user's suggestion. Just my thinking.

    Yata hey

    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member wylde007's Avatar
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    Grapeshot wrote:
    3) What would the default speed limit be for that type of road - 35?
    Residential, unmarked is 35 last I checked... when I last took the driver's test back in '96, I think.

    State roads unmarked is actually 55.
    The quiet war has begun, with silent weapons
    And the newest slavery is to keep the people poor, and stupid
    Novos ordo seclorum ~ Mustaine

    Never argue with an idiot. He will drag you down to his level and beat you with experience.

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    beachpatriot13 wrote:
    cruzn82 wrote:
    Why did you give up your weapon????
    didnt have a choice he enter my truck threw the pass side and removed it from my holster. they say it was 40/25
    From where I sit, I can't understand why you are so riled over the speeding ticket. In your shoes, I would be considerably more upset over the fact that an officer of the law entered your vehicle without warrant or probable cause, and seized your property.

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    kenny wrote:
    How fast were you allegedly going?
    Grapeshot wrote:
    2) How fast where you going (per the ticket)?


    How fast does the ticket say you were going?

    Was it radar? Laser?



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    40 in a 25 doesnt say lazer or radar

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    Moderator / Administrator Grapeshot's Avatar
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    beachpatriot13 wrote:
    40 in a 25 doesnt say lazer or radar
    1) The last speed limit sign approx. a mile back was 25 MPH.

    2) How fast where you going (per the ticket)? 40 MPH

    3) What would the default speed limit be for that type of road? Hopefully 40 +

    If the answer to #3 is positive (40, 45, 55), then I might take a Diver Improvement Course before the court date. At the worst, default limit is 35 MPH resulting in only 5 MPH over.

    All in all the thinking is to show that you are a good responsible safe driver.
    I have used this procedure to a good end - been years ago though.

    Afterward and only then would I pursue other thoughts - and likely aggressively.

    ymmv

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    State Researcher HankT's Avatar
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    Grapeshot wrote:
    beachpatriot13 wrote:
    40 in a 25 doesnt say lazer or radar
    1) The last speed limit sign approx. a mile back was 25 MPH.

    2) How fast where you going (per the ticket)? 40 MPH

    3) What would the default speed limit be for that type of road? Hopefully 40 +

    If the answer to #3 is positive (40, 45, 55), then I might take a Diver Improvement Course before the court date. At the worst, default limit is 35 MPH resulting in only 5 MPH over.

    All in all the thinking is to show that you are a good responsible safe driver.
    I have used this procedure to a good end - been years ago though.

    Afterward and only then would I pursue other thoughts - and likely aggressively.



    Heayyyyyy....

    What happened to that old saw about getting a break from the traffic cop when one is carrying?????

    Some weird posited (hopeful) variant of professional courtesy....

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    Moderator / Administrator Grapeshot's Avatar
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    HankT wrote:
    Heayyyyyy....

    What happened to that old saw about getting a break from the traffic cop when one is carrying?????

    Some weird posited (hopeful) variant of professional courtesy....
    What kinda break would you expect in NJ for doing that Hank?

    Sort of like breaking it off in.....................:P

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    What kinda break would you expect in NJ for doing that Hank?

    Sort of like breaking it off in.....................:P
    Don't know, GS.



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    This is OT, but when I returned from a deployment in July 2008, a VA State Trooper gave us a brief on changes in traffic/VA law, and a "don't speed or you will die" briefing." You could tell this was the first time he had briefed (combat arms) soldiers from the look on his face when we started laughing and joking about his slides of gory traffic accidents.

    Anyway, he told us that the default speed limit in VA had been reduced to 45mph on unmarked rural roads, but that most rural roads had been posted. I just googled this and can't find anything to corroborate his statements. Did he feed us a load of BS?

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    the default would be 35 so it would had bin 5 over

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    I was recently stopped in Hampton, the first time in the 10 years I've been carrying.
    I showed him my permit and told him I was carrying. He asked where it was and then said not to reach near it. He was professional in his conduct and wrote me up for the much lesser of the 2 violations he observed. I,m thankful.

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