Incorrect law code on ticket

[lbb87]

What is the name of your state (only U.S. law)? Virginia

My cousin asked me to help him with this. He received his first ever traffic ticket for failure to yield - VA code 46.2-804. However, when I looked up that code, it does not correspond to failure to yield. It corresponds to regulations applicable on highways laned for traffic (such as failure to obey highway marking).

Is there any reason as to why the police officer might have written the incorrect code on the ticket? Can my cousin use this to get the charges dropped? How can he make a proper plea if the code number contradicts the description?

Thanks in advance for the help.

 

[FlyingRon]

The charge can be amended at anytime prior to the trial starting.
It's quite possible that the writing on the citation is just not clear and he is, in fact, being charged with 824 or the like. He can check with the court in a couple of days.

Of course, despite what your brother thought he was being charged with he is being charged with the lane violation.

 

[Proseguru]

Go to trial and when testimony is starting, object and ask what the testimony has to do with what you are charged with.

Its too late to amend at that point.

 

[HighwayMan]

It corresponds to regulations applicable on highways laned for traffic (such as failure to obey highway marking).

Well maybe that's what the issuing officer actually charged him with and he misunderstood.