Virginia...... - Inspection sticker violation on a vehicle registered in Tennessee???

[mrmailboxman]

The violation occurred in the Commonwealth of Virginia

2 law codes I_m dealing with:

http://leg1.state.va.us/cgi-bin/legp...+cod+46.2-1157 (code I was ticked for)



http://leg1.state.va.us/cgi-bin/legp...0+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 Occultist]

Wait, I'm confused. You said the case was dismissed, meaning you won. What is there to appeal?

 

[mrmailboxman]

the "case" itself was dismissed,


BUT the judge ordered me to pay court costs (56.00) , and I do not want to do that, (the same it would have been if I was found guilty)



so in order not to pay the court costs I must appeal it to circuit court


make sense?

 

[The Occultist]

I'm fairly certain that your appeal process is going to cost more than $56, even if you win. Have fun!

 

[mrmailboxman]

I understand that....


all Im asking is, can the jury amend the charges? do they have that option? or do they only have the option to render simply a guilty or not guilty on the inspection sticker



thats all I want to know

 

[efflandt]

Don't look a gift horse in the mouth. You got off on a dismissed inspection sticker instead of your real violation of fraudulent plates. Anything you try to do to change that is going to cost you more than $56.00.

 

[racer72]

I understand that....


all Im asking is, can the jury amend the charges? do they have that option? or do they only have the option to render simply a guilty or not guilty on the inspection sticker



thats all I want to know

Guess who pays for a jury trial if you appeal? The wrong answer is the court and the local taxpayers. Many courts required those that challenge citations pay court cost regardless of the outcome, you found one. You likely have no other options.

 

[mrmailboxman]

I pay for the jury if i appeal and am found guilty,


"Many courts required those that challenge citations pay court cost regardless of the outcome, you found one" not true......there were several other people in court with the same charge and their case was dismissed without any court costs, I was paying attention, after every case the judge would say "guilty ,not guilty, or dismissed with costs or costs taxed to the state).


I appreciate everybody trying to help, BUT all I want to know is : CAN THE JURY AMEND THE CHARGES IN COURT, please a yes or a no

 

[moburkes]

I pay for the jury if i appeal and am found guilty,


"Many courts required those that challenge citations pay court cost regardless of the outcome, you found one" not true......there were several other people in court with the same charge and their case was dismissed without any court costs, I was paying attention, after every case the judge would say "guilty ,not guilty, or dismissed with costs or costs taxed to the state).


I appreciate everybody trying to help, BUT all I want to know is : CAN THE JURY AMEND THE CHARGES IN COURT, please a yes or a no

No, not a jury.

 

[mrmailboxman]

judge? DA?

thanks

 

[moburkes]

judge? DA?

thanks

You got your 1 chance from me, after being rude to the others**************.

 

[mrmailboxman]

how immature.....define rude

 

[patstew]

I appreciate everybody trying to help, BUT all I want to know is : CAN THE JURY AMEND THE CHARGES IN COURT, please a yes or a no

This is a question for the court to which you are appealing. Call 'em.

 

[mrmailboxman]

I’ve already tried that,


of course they said “we can not give legal advice you might want to consult an attorney……”

I don’t think its fair to anyone if your case is dismissed and you still have to pay, if I would have been found guilty the costs would have been the exact same, so what’s the difference?

Law.com's legal definition of the term(s) dismissed/dismissal:

Dismissal: (1) the act of voluntarily terminating a criminal prosecution
or a lawsuit or one of its causes of action by one of the
parties. (2.) a judge's ruling that a civil lawsuit or
criminal charge is terminated.



so.....Say for instance if a civil court ruled a lawsuit dismissed, but the court made the defendant(s) pay the judgment/court costs in question, that wouldn't make any sense. In all reality the plaintiff(s) would be at a financial loss for bringing the case to court in the first place (i.e. filing fees, court costs)


The court im dealing with is “criminal/traffic” court, where the burden of proof is much greater than that of any civil court, shouldn’t the plaintiff(s) (i.e. the state of Virginia) be responsible for the costs since they brought it before the court and could not prove their case?

 

[mrmailboxman]

I know in some cases a judge will agree to dismiss the case immediately or after a certain period of time if the defendant and the District attorney have came to an agreement on certain terms ( i.e. community service, restitution paid in full and on time, etc…….)


there was never any agreements, just me, the officer, and the judge. The officer presented his side, and then I did the same……..then judge said “In lieu of the evidence, I’m going to dismiss this charge, and the costs are to be paid in the court clerks office down the hall”