VA Uniformed Summons (Virginia Law section 46.2-874)

This is a discussion on VA Uniformed Summons (Virginia Law section 46.2-874) within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Yesterday I was pulled over for speeding in a 25mph zone, allegedly ("52MPH/ LIDARC 380.8 FT") doing 52 in an ...

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Old Apr 7th, 2011, 08:58 AM   #1
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Question VA Uniformed Summons (Virginia Law section 46.2-874)

Yesterday I was pulled over for speeding in a 25mph zone, allegedly ("52MPH/ LIDARC 380.8 FT") doing 52 in an area that clearly has traffic flow of at least 45mph, but that's beside the fact. I did not get a reckless driving, just a speeding. I have a few articulation questions about the Virginia Law section 46.2-874 (listed in summons) and Rules of the Supreme Court of Virginia I looked up.

§ 46.2-874. Maximum speed limit in business and residence districts.


The maximum speed shall be 25 miles per hour on highways in business or residence districts, except on interstate or other limited access highways with divided roadways or nonlimited access highways having four or more lanes and all state primary highways. The speed limit on all nonlimited access highways having four or more lanes and all state primary highways shall remain as indicated by signs posted prior to July 1, 2005, unless changed as provided by law.

What would be a limited/nonlimited access highway? I know where I was traveling had 4 in the direction I was traveling and at least 2 traveling in the other direction at the location where I was pulled over.

Next is the Rule of the Supreme Court of Virginia. The scope of the section covers all criminal and traffic cases in The General District Court. Regarding the summons I was issued... Actual summons is viewable from the link directly below...
http://i257.photobucket.com/albums/hh236/cmg266/078.jpg

RULES OF SUPREME COURT OF VIRGINIA
PART SEVEN C
GENERAL DISTRICT COURTS –CRIMINAL AND TRAFFIC

Rule 7C:3. The Complaint, Warrant, Summons and Capias.
(d) A summons, whether issued by a judicial officer or a law-enforcement officer, shall command the accused to appear at a stated time and place before a court of appropriate jurisdiction. It shall (i) state the name of the accused or, if this name is unknown, set forth a description by which he can be identified with reasonable certainty, (ii) describe the offense charged and state whether the offense is a violation of state, county, city or town law, and (iii) be signed by the magistrate or the law-enforcement officer, as the case may be.

Being that his name is clearly printed on the summons and not signed, do I have grounds to submit a motion to dismiss? If so, when should I do that? How would I do that?

I have never got a speeding ticket in my life and I contest the overall integrity of the stop entirely, but that's not what I'm focusing on. I would greatly, greatly, GREATLY, appreciate legal input on this matter at hand. Thank you in advance for all the time and consideration invested in my problem and suggestions for any solution.

Thank you!
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Old Apr 29th, 2011, 11:27 AM   #2
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Default Re: VA Uniformed Summons (Virginia Law section 46.2-874)

I am no attorney but to me "limited access" would mean that unlike a normal highway where you can enter it from businesses anywhere along it as well as from every road intersecting it, it would be a highway that is more like an interstate where you can only enter it at designated entrances, which are limited. It would make sense that you are allowed to drive faster on these types of highways, since you don't have to look out as much for vehicles constantly entering the highway.
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