3 Virginia Uniform Summons - How to proceed?

[Tony Alan]

Jurisdiction

Virginia

I received 3 Virginia Uniform Summons today in the city of Chesapeake, VA.
They are:

1> VA Code 46-2-722 - Forged Registration Decals
2> VA Code 46-2-646 - Expired Registration
3> VA Code 46-2-716 - Tinted License Plate Cover

How do I proceed with these?
How serious are these? Will I lose my license or worse?
What kind of fines am I looking at?
(I have no previous history with the law and perfect driving record)
Should I hire a Lawer?

Thank You...

 

[army judge]

How do I proceed with these?
How serious are these? Will I lose my license or worse?
What kind of fines am I looking at?
(I have no previous history with the law and perfect driving record)
Should I hire a Lawer?

One usually appears in court as directed, pleads not guilty, and appears at all future court hearings.

1> VA Code 46-2-722 - Forged Registration Decals
This one is the most serious.
I'd suggest obtaining a lawyer for this one.

Any person who, with fraudulent intent, alters any license plate or decal issued by the Department or by any other state, forges or counterfeits any license plate or decal purporting to have been issued by the Department under the provisions of this title or by any other state under a similar law or who, with fraudulent intent, alters, falsifies, or forges any assignment thereof, or who holds or uses any license plate or decal knowing it to have been altered, forged, or falsified, shall be guilty of a Class 1 misdemeanor.

2> VA Code 46-2-646 - Expired Registration

D. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons where proof of compliance with this section is provided to the court on or before the court date.

E. No law-enforcement officer shall stop a motor vehicle due to an expired registration sticker prior to the first day of the fourth month after the original expiration date. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.



2> VA Code 46-2-646 - Expired Registration
This one plead not guilty, or pay the fine, take your licking.

3> VA Code 46-2-716 - Tinted License Plate Cover
This one plead not guilty, or pay the fine, take your licking.

You'll need to decide if you need a lawyer.

Why not talk to three or four, then decide?

Most lawyers offer a FREE initial case evaluation/consultation.

 

[adjusterjack]

46-2-722 Class 1 Misdemeanor

§ 46.2-722. Altered or forged license plates or decals; use as evidence of knowledge (virginia.gov)

A Class 1 Misdemeanor is punishable up to 12 months in jail and a fine uf up to $2500, either or both.

§ 18.2-11. Punishment for conviction of misdemeanor (virginia.gov)

46-2-646 Appears to be a "fix it" citation where it can be dismissed if you comply with the statute before your court date.

§ 46.2-646. Expiration and renewal of registration (virginia.gov)

46-2-716 Also appears to be a "fix it" citation.

§ 46.2-716. How license plates fastened to vehicle; altering appearance of license plates (virginia.gov)

How do I proceed with these?

The first thing you do is get into compliance with 646 and 716 and keep your documentation for court.

As for 722, a misdemeanor conviction gives you a "criminal record" which could eff up your life a bit going forward. It would be a good idea to consult an attorney who is likely to know how to get it down to a minor traffic infraction or even a deferred adjudication where it gets dismissed after a period of probation.

 

[flyingron]

Fix it is a mischaracterization. Unlike some states where you have the right the fix the citation. In Virginia, it's entirely discretionary. I've gone up against some GDC judges who will cut you slack and some who will not. Never hurts to ask.

As for the the misdemeanor, it goes like this. Again, it's a mixed bag depending on the court. Some judges will just as soon throw you in jail for 4-8 days. . As AJ points out, misdemeanors are nothing to sneeze about. It would probably be worth the $500 or so to an attorney familiar with the court you are to appear. They know the judges and what flies and often can even make the appearance for you. My wife got one of the reckless driving tickets down Roanoake and the lawyer took care of it, all she had to do was do VADIP (the one day Virginia driving school).