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quincy

Senior Member
that's good to know about the admin hearing, I'll look into it. Yes, I have been looking up insurance attorney's but none have contacted me back yet.

My only concern is the officer now has a chip on his shoulder to prove in court. When I sent him my insurance card with the date of the accident, which I didn't have to, he texted back, "why didn't you show me this before?" I said, I tried but you didn't let me. Then he texted Angrily, "I called and your insurance and they stated you got it after the accident." I said, I already told you that at the accident and you let me go home. Then he got treating in his texts, "I am going to prove you did have insurance before the accident in court", then he stated he was off.
I recommend you do not correspond or respond to the officer any more. You probably already have said more to him than was smart.

Keep searching for an attorney to help you. Good luck.
 


PayrollHRGuy

Senior Member
that's good to know about the admin hearing, I'll look into it. Yes, I have been looking up insurance attorney's but none have contacted me back yet.

My only concern is the officer now has a chip on his shoulder to prove in court. When I sent him my insurance card with the date of the accident, which I didn't have to, he texted back, "why didn't you show me this before?" I said, I tried but you didn't let me. Then he texted Angrily, "I called and your insurance and they stated you got it after the accident." I said, I already told you that at the accident and you let me go home. Then he got treating in his texts, "I am going to prove you did have insurance before the accident in court", then he stated he was off.
There are those holes in your story again plus what I think is an admission of guilt.

The bolded is the admission of guilt. The big bolded is the REALLY bad part.

For the holes go look at my previous reply to you.
 

FlyingRon

Senior Member
It's more than an "administrative hearing." Driving without insurance when involved in a valid traffic stop or accident is a MISDEMEANOR.
The GDC appearance isn't a hearing, it's a TRIAL.

If you've been cited, you need an attorney.
 

quincy

Senior Member
It's more than an "administrative hearing." Driving without insurance when involved in a valid traffic stop or accident is a MISDEMEANOR.
The GDC appearance isn't a hearing, it's a TRIAL.

If you've been cited, you need an attorney.
It is called an administrative hearing, granted to a driver before any fine or suspension of a driver’s license can be imposed. It is a DMV hearing.

I agree that Help!!! will want an attorney to assist him, both with the misdemeanor citation and any administrative hearing that follows.
 

PayrollHRGuy

Senior Member
It is called an administrative hearing, granted to a driver before any fine or suspension of a driver’s license can be imposed. It is a DMV hearing.

I agree that Help!!! will want an attorney to assist him, both with the misdemeanor citation and any administrative hearing that follows.
Why would the DMV have anything to do with a criminal misdemeanor charge? The DL suspension I understand but not the criminal charge.
 

FlyingRon

Senior Member
It is called an administrative hearing, granted to a driver before any fine or suspension of a driver’s license can be imposed. It is a DMV hearing.

I agree that Help!!! will want an attorney to assist him, both with the misdemeanor citation and any administrative hearing that follows.
Sorry Q, that's NOT how it goes in Virginia. If he was cited by the officer, he's going to court on a misdemeanor charge.

The administrative hearing is only in the case that the DMV detects the insurance lapses and the driver fails to reply to the NOTICE stating that he in fact had insurance. This leads to license and registration suspension and various fees.

It is not the case that one follows the other. They are independent actions (unlike say failing a breath test on a DUI bust).
 

quincy

Senior Member
Sorry Q, that's NOT how it goes in Virginia. If he was cited by the officer, he's going to court on a misdemeanor charge.

The administrative hearing is only in the case that the DMV detects the insurance lapses and the driver fails to reply to the NOTICE stating that he in fact had insurance. This leads to license and registration suspension and various fees.

It is not the case that one follows the other. They are independent actions (unlike say failing a breath test on a DUI bust).
I don’t think I said differently?

My recommendation is (and has been, I believe) to have an attorney handle the misdemeanor (and I think there is a decent chance it can be dismissed) and to have the same attorney at the administrative hearing, if one is needed.
 

quincy

Senior Member
last year I got a speeding ticket and they dismissed due to my good driving record.
Dismissals happen. :)

Because you were fast to insure your car, and especially in Covid-19 times when businesses have been closed and incomes have disappeared for many, I think you have a good chance at dismissal. But you will want an attorney to best ensure this result.
 

Help!!!

Junior Member
You're right Q.

I also was able to get insurance fast and cheap for the same day due to my excellent driving record.

Many blogs state to speak to DA prior to the case and show them your insurance card, but it will hard this time because of covid- 19, they don't want you to come early.

Yes, I will definitely speak with an attorney. Thanks! :)
 

FlyingRon

Senior Member
There's no "DA" in Virginia courts. We use the term commonwealth's attorney here. The CA will usually be off to the side, just ask a bailiff when you get there. He will not even be involved in your case usually unless you bring your own attorney. The commonwealth will be represented by the officer.
 

quincy

Senior Member
There's no "DA" in Virginia courts. We use the term commonwealth's attorney here. The CA will usually be off to the side, just ask a bailiff when you get there. He will not even be involved in your case usually unless you bring your own attorney. The commonwealth will be represented by the officer.
I would be interested in hearing how the officer presents the facts.
 
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