Wrong Citation code (major)
This is a discussion on Wrong Citation code (major) within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I was issued a citation for allegedly running a railroad crossing right as the lights came on due to a ...
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|Jun 7th, 2009, 10:34 PM||#1|
Wrong Citation code (major)
I was issued a citation for allegedly running a railroad crossing right as the lights came on due to a tree blocking my visibility of the lights. The officer wrote a description of the charge however the code that he wrote is of no relevance to the alleged charge. It does have to do with railroad crossings, however under the circumstances it is of no relevance. The code he wrote has to do with passing a vehicle at a railroad crossing or intersection, but the law states that is the road has four lanes (two on each side) it is allowed. The road I was traveling on has four lanes, besides that I was in the far right lane. I decided to do some due diligence to help me fight and researched the codes of Virginia based off of the officers violation description and found that the code he put was 46.2-858, he meant 46.2-885. The difference between the reversal of numbers is the difference between a class 1 misdemeanor and a class 4!
I am planning on filing a motion to dismiss due to several fatal errors:
1) the code cited by the officer is of no relevance moreover the cited code is considered reckless driving and in the state of Virginia is a class 1 misdemeanor (right up there with possession). The violation code the officer described is only a class 4 way less severe.
2) the summons date the officer wrote is November 11th. Definately not a speedy trial. If it wasn't for my own due diligence with court records I would have never known that my actual court date is JUNE 11th, not November. Had I followed the officers instructions I would have been found guilty absensia of a class 1 misdemeanor I didn't commit. As that is what the court records show I have been charged with.
What are my chances of fighting this with the previous plan of attack?
I only have to defend the violation I have been charged (the code) with right? Not the violation the officer claims I broke right?
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