mrmailboxman
New Member
Virginia Infraction - Inspection sticker violation on a vehicle registered in Tennessee, appeal to circuit court
The violation occurred in the Commonwealth of Virginia
2 law codes I'm dealing with:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1157 (code I was ticketed for)
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-722 (code I have questions about)
A few days before I moved from Tennessee to Virginia someone stole the tags off of my truck, The truck was titled and licensed in the state of Tennessee. The state of Tennessee does not require a state inspection sticker for vehicles. I took the tags off of my wife's vehicle which had already been titled in Virginia a few days prior to the move. I was traveling from the state of Tennessee (just crossed over the state line) to Virginia on my way to the local Virginia DMV (I called ahead and let them know I was coming just incase I was to get pulled over). I was originally pulled over for not having an inspection sticker on my truck, I explained the situation and how the truck was registered in Tennessee but it had Virginia tags just until I could get to the DMV, the officer explained that even if it was titled in Tennessee, at the time he made the stop the truck had visible Virginia tags and thus it needed a valid Virginia inspection sticker. So he wrote me a ticker under VA law code 46.2-1157 -"inspection sticker". I go straight to the DMV and get new Virginia tags, then straight to an inspection station get a Virginia inspection sticker for my truck, which by now, is legally tagged/titled in the state of VA. I go to court, explain everything and the judge dismisses the inspection sticker violation, and asked the officer why he didn't originally charge me with "altered license plates" BUT, makes me pay the court costs
($56.00).
I want to appeal this to Circuit court under the grounds that Virginia law code 46.2-1157- specifically says "owner or operator of any motor vehicle registered in Virginia must submit his vehicle to an inspection of its mechanism and equipment by an official inspection station" so..... technically the vehicle was not registered in the state of VA thus it did not need a state inspection sticker. I am fully aware I was breaking the law by putting another state tag on my truck, which itself falls under Virginia code law 46.2-722-"Altered license plates". .
I am wanting to appeal this and have a jury trial, BUT, that leads to the question, I want to know if I argue the technical part of the "inspection sticker" code, can the jury amend the "inspection sticker" case and find me guilty of "altered license plates"? If the officer testifies the tags were from another state can they change the charge? Does the jury have to find me guilty or not guilty in actual case before them ( inspection sticker)? or can they alter the charges to appropriately fit the violation?
Before anyone brings this up….I am fully aware that under the statue of limitations, the officer can be technical and go back and charge me with the "altered license plates" violation if he really wants to.
The court fine is much more for the "altered license plate" violation and the court costs will be more in the long run if I take it to circuit court. Just wanting to know my options as far as the jury's options in a case before them.
The violation occurred in the Commonwealth of Virginia
2 law codes I'm dealing with:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1157 (code I was ticketed for)
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-722 (code I have questions about)
A few days before I moved from Tennessee to Virginia someone stole the tags off of my truck, The truck was titled and licensed in the state of Tennessee. The state of Tennessee does not require a state inspection sticker for vehicles. I took the tags off of my wife's vehicle which had already been titled in Virginia a few days prior to the move. I was traveling from the state of Tennessee (just crossed over the state line) to Virginia on my way to the local Virginia DMV (I called ahead and let them know I was coming just incase I was to get pulled over). I was originally pulled over for not having an inspection sticker on my truck, I explained the situation and how the truck was registered in Tennessee but it had Virginia tags just until I could get to the DMV, the officer explained that even if it was titled in Tennessee, at the time he made the stop the truck had visible Virginia tags and thus it needed a valid Virginia inspection sticker. So he wrote me a ticker under VA law code 46.2-1157 -"inspection sticker". I go straight to the DMV and get new Virginia tags, then straight to an inspection station get a Virginia inspection sticker for my truck, which by now, is legally tagged/titled in the state of VA. I go to court, explain everything and the judge dismisses the inspection sticker violation, and asked the officer why he didn't originally charge me with "altered license plates" BUT, makes me pay the court costs
($56.00).
I want to appeal this to Circuit court under the grounds that Virginia law code 46.2-1157- specifically says "owner or operator of any motor vehicle registered in Virginia must submit his vehicle to an inspection of its mechanism and equipment by an official inspection station" so..... technically the vehicle was not registered in the state of VA thus it did not need a state inspection sticker. I am fully aware I was breaking the law by putting another state tag on my truck, which itself falls under Virginia code law 46.2-722-"Altered license plates". .
I am wanting to appeal this and have a jury trial, BUT, that leads to the question, I want to know if I argue the technical part of the "inspection sticker" code, can the jury amend the "inspection sticker" case and find me guilty of "altered license plates"? If the officer testifies the tags were from another state can they change the charge? Does the jury have to find me guilty or not guilty in actual case before them ( inspection sticker)? or can they alter the charges to appropriately fit the violation?
Before anyone brings this up….I am fully aware that under the statue of limitations, the officer can be technical and go back and charge me with the "altered license plates" violation if he really wants to.
The court fine is much more for the "altered license plate" violation and the court costs will be more in the long run if I take it to circuit court. Just wanting to know my options as far as the jury's options in a case before them.
