"1. Is it legal in Virginia for a cop to run radar while sitting on private property?
2. I was behind an 18-wheeler that was going under the speed limit. When I got to a passing zone, I signaled, moved into the passing lane, and accelerated. As I accelerated, so did the truck. When I got to 80, there was a cop running radar. I know it is illegal to go over 55 to pass, but circumstances
changed once I proceeded to pass. I'm sure my case will depend on the judge, but most likely will not be dismissed. What sort of leverage does my claim hold?"
For question number one, I do not know. I am a cop in Vermont and I can tell you that sitting on private property while using a Doppler radar is legal with the property owner’s permission.
For number two I again have to say that I am not familiar with Virginia laws. However, in Vermont your argument is not likely to hold much weight with the officer who stops you or the judge who hears your case. There is nothing in the motor vehicle laws of Vermont that allows you to speed in order to pass someone.
Your are correct when you state that the circumstances did change once you proceeded to pass. The change is that your “pass” turned into a drag race. The safe thing to do in that situation would be to slow back down. As you tell it, the truck driver was, for some reason, preventing you from passing. That is a very dangerous act on his part. Do you want to have a drag race with an 80,000-pound 18-wheeler?
If you have a question for the Brattleboro Police Ask-A-Cop email it to info@ibrattleboro.com with “Ask-A-Cop” in the subject line.