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Old 09-08-2023, 01:24 PM
 
149 posts, read 280,338 times
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While passing through VA coming from West Virginia I was given a ticket by the cop for "improper driving" near Roanoke Botetourt County. He asked why I was coming through state route 220, I had no clue as Google Maps routed me through the hills. The cop told me I was swaying in my lane while entering the highway. I had no clue why he was saying that because I was very careful as I had to drive through the mountains in the middle of the night. I take this as charging out-of-state drivers for silly reasons to pay the fine.

Anyways, I gather "improper driving" is an infraction. Besides fine will I have points? if so how to get rid of the points? I have a GA license will they show up in GA driver records?
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Old 09-08-2023, 08:49 PM
 
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Quote:
Originally Posted by ridesmart View Post
Anyways, I gather "improper driving" is an infraction. Besides fine will I have points? if so how to get rid of the points? I have a GA license will they show up in GA driver records?
It's my understanding that there is no such thing as "Improper Driving" that a law enforcement officer can charge you with. It's a charge reserved only for a Judge in Court to grant. So you must have been charged with another violation such as reckless driving or similar, not "Improper Driving. Check the citation you were given.
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Old 09-09-2023, 04:38 AM
 
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There is in the Code "improper driving" § 46.2-869. Improper driving; penalty.https://law.lis.virginia.gov/vacodef...0than%20%24500. But as noted above, it appears that this is not up the officer, but the Commonwealth's Attorney.

I'd call the Commonwealth's Attorney's Office (what most states call a district attorney) and see if there is a way to dismiss/put this on hold and mention the above in a nice way. It would almost be a nuisance for them. As Constitutional Officers, the Commonwealth's Attorney has wide discretion and each one handles it differently. Be ready to provide your GA driving record to save them the trouble.

If it goes to court and you appear, the judge also has discretion; and then you can plea guilty or not. If you do, ask the judge to hold it and not transmit it. This can be mentioned to the Commonwealth's Attorney also. (In VA, the Court will transmit it via the State Supreme Court's system to DMV and then other systems.). Of course, its almost ancient history and things may have changed, but I have known people who have had the judge hold the conviction and the driver appears again at court six months later and if there are no further infractions, the conviction is dismissed. Each judge is different and case law may have thwarted judicial options, so that's a roll of the dice.

The VA DMV will not assign "points" to the GA driving record. That is up to GA. VA will however establish a record in its system. If convicted and the judge has the court transmit the conviction to the State Supreme Court, it will then be picked up eventually by GA DMV and insurance.

Google Virginia's Driving Demerit Point System for a list of points and so forth. Since the links are all to attorneys, I would prefer not to post so as not to advertise. It would appear this would be three points, but unsure.

In 2022, Virginia joined about 20 other states in banning using quotas (arrests and tickets) in evaluating officer's performance. https://law.lis.virginia.gov/vacode/...ction2.2-5516/

Last edited by webster; 09-09-2023 at 04:58 AM..
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Old 09-09-2023, 03:05 PM
 
Location: Boydton, VA
4,596 posts, read 6,350,757 times
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"state route 220, I had no clue as Google Maps routed me through the hills"

Most times it pays to consult a paper map, if nothing more than to double check google maps for accuracy.
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Old 09-10-2023, 12:47 PM
 
Location: Homeless...
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Paper map? LOL!
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Old 09-11-2023, 08:59 AM
 
149 posts, read 280,338 times
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Quote:
Originally Posted by webster View Post
There is in the Code "improper driving" § 46.2-869. Improper driving; penalty.https://law.lis.virginia.gov/vacodef...0than%20%24500. But as noted above, it appears that this is not up the officer, but the Commonwealth's Attorney.

I'd call the Commonwealth's Attorney's Office (what most states call a district attorney) and see if there is a way to dismiss/put this on hold and mention the above in a nice way. It would almost be a nuisance for them. As Constitutional Officers, the Commonwealth's Attorney has wide discretion and each one handles it differently. Be ready to provide your GA driving record to save them the trouble.

If it goes to court and you appear, the judge also has discretion; and then you can plea guilty or not. If you do, ask the judge to hold it and not transmit it. This can be mentioned to the Commonwealth's Attorney also. (In VA, the Court will transmit it via the State Supreme Court's system to DMV and then other systems.). Of course, its almost ancient history and things may have changed, but I have known people who have had the judge hold the conviction and the driver appears again at court six months later and if there are no further infractions, the conviction is dismissed. Each judge is different and case law may have thwarted judicial options, so that's a roll of the dice.

The VA DMV will not assign "points" to the GA driving record. That is up to GA. VA will however establish a record in its system. If convicted and the judge has the court transmit the conviction to the State Supreme Court, it will then be picked up eventually by GA DMV and insurance.

Google Virginia's Driving Demerit Point System for a list of points and so forth. Since the links are all to attorneys, I would prefer not to post so as not to advertise. It would appear this would be three points, but unsure.

In 2022, Virginia joined about 20 other states in banning using quotas (arrests and tickets) in evaluating officer's performance. https://law.lis.virginia.gov/vacode/...ction2.2-5516/
Yes the state code is 46.2-869 and the local code is 13-7 its in Botetourt county. What does the local code indicate? where do I find the explanation?
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Old 09-12-2023, 09:48 AM
 
13,131 posts, read 20,968,136 times
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Quote:
Originally Posted by ridesmart View Post
What does the local code indicate? where do I find the explanation?
Municode has it. That section basically says the County uses VA State law for moving violations.
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Old 09-12-2023, 11:16 AM
 
4,190 posts, read 2,501,136 times
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The officer should have cited the Code Section with the offense. (Just a note on terminology. In VA, all public roads for vehicular traffic are "highways." It's not just interstates. Sometimes this causes confusion.)

The VA State Bar has a link for a $35 consult. Not sure if it applies to out of state residents. I have used it and it was a great help. https://vlrs.community.lawyer. Note that this comes under criminal law with the subcategory traffic.
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Old 09-16-2023, 04:50 PM
 
Location: Cincinnati
4,479 posts, read 6,230,642 times
Reputation: 1331
Quote:
Originally Posted by gemstone1 View Post
"state route 220, I had no clue as Google Maps routed me through the hills"

Most times it pays to consult a paper map, if nothing more than to double check google maps for accuracy.
where do I get one of those...
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Old 09-20-2023, 09:58 PM
 
149 posts, read 280,338 times
Reputation: 35
How long would it take the case to appear on the online portal for Bottetourt County court?
https://eapps.courts.state.va.us/gdcourts/caseSearch.do My case does not appear tried last name, date, etc.,

Is it normal for the case to not appear on the online portal? What should I do if I do not see that on the portal? I called the clerk and she told me they did not find it in their system yet.
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