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Campfire 'Bwana
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OP
Campfire 'Bwana
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I don't believe i have any other choice but court to get the Code Amended so i won't show a Felony on a background check
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Campfire Member
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+1 on Fish Head's take. Also, y'know, even the really obscure back roads have the sign "RADAR DETECTORS ILLEGAL" just inside the border.
As a technical matter, the same companies that build radar detectors often also build the radar guns. They make the detectors a little less sensitive, because the 5-0 market is more lucrative. A further note: most agencies in VA require that an officer "observe that a vehicle is traveling at a high rate of speed" first and "verified the speed with his radar (or whatever)" afterward. If you suddenly slow down, even if he can't get a precise speed, he can still get you for traveling too fast for the road conditions. Radar detectors are not terribly useful, except for getting 5-0's attention, in my opinion. It's pretty obvious when you use one.
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Campfire 'Bwana
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Campfire 'Bwana
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I have never use the RD in VA and i was Speeding he was driving by and seen it and stopped me even tho no power was attached to the RD
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Campfire Kahuna
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I don't believe i have any other choice but court to get the Code Amended so i won't show a Felony on a background check ======= Yeah Bea,that must be addressed for obvious reasons. Bristol??
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward
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Campfire Regular
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Campfire Regular
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Here is the Law Code 46.2-1074 he wrote on the Ticket and charge me with.
� 46.2-1074. Removing or altering serial or identification numbers, decals and devices without consent of Department.
Any person who, individually or in association with one or more others, knowingly removes, changes, alters, or conceals any motor number, serial, or other identification number, decal or device affixed to a motor vehicle, trailer, semitrailer or motor vehicle part as required by federal law without the consent of the Department, shall be guilty of a Class 6 felony.
and here is the Proper Code that should be on the Ticket 46.2- 1079 The Radar Detector had no power source attached to it and i had to take the power cord out of the Console to give it to him. I believe this guy doesn't even no the Law he is enforcing .
� 46.2-1079. RADAR-Detectors; Demerit Points Not To Be Awarded. --
A. It shall be unlawful for any person to operate a motor vehicle on the Highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any RADAR, LASER, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the Highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the Highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this Section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any State or Federal agency.
This Section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this Section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.
Except as provided in Subsection B of this Section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the Highways of the Commonwealth shall constitute prima facie evidence of the violation of this Section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.
B. A person shall not be guilty of a violation of this Section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.
C. This Section shall not apply to motor vehicles owned by the Commonwealth or any political subdivision thereof and used by law- enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties.
D. No demerit points shall be awarded by the Commissioner for violations of this Section. Any demerit points awarded by the Commissioner prior to July 1, 1992, for any violation of this Section shall be rescinded and the driving record of any person awarded demerit points for a violation of this Section shall be amended to reflect such rescission.
(1962, c. 125, � 46.1-198.1; 1975, c. 108; 1976, c. 90; 1978, cc. 87, 91; 1981, c. 303; 1989, c. 727; 1992, c. 825; 1998, c. 300.)
� 46.2-1079. RADAR-Detectors; Demerit Points Not To Be Awarded. --
A. It shall be unlawful for any person to operate a motor vehicle on the Highways of the Commonwealth when such vehicle is equipped with any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any RADAR, LASER, or other device or mechanism employed by law-enforcement personnel to measure the speed of motor vehicles on the Highways of the Commonwealth for law-enforcement purposes. It shall be unlawful to use any such device or mechanism on any such motor vehicle on the Highways. It shall be unlawful to sell any such device or mechanism in the Commonwealth. However, provisions of this Section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any State or Federal agency.
This Section shall not be construed to authorize the forfeiture to the Commonwealth of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with a violation of this Section, or at that person's request, and his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six months have elapsed from the final date for filing an appeal.
Except as provided in Subsection B of this Section, the presence of any such prohibited device or mechanism in or on a motor vehicle on the Highways of the Commonwealth shall constitute prima facie evidence of the violation of this Section. The Commonwealth need not prove that the device or mechanism in question was in an operative condition or being operated.
B. A person shall not be guilty of a violation of this Section when the device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.
C. This Section shall not apply to motor vehicles owned by the Commonwealth or any political subdivision thereof and used by law- enforcement officers in their official duties, nor to the sale of any such device or mechanism to law-enforcement agencies for use in their official duties.
D. No demerit points shall be awarded by the Commissioner for violations of this Section. Any demerit points awarded by the Commissioner prior to July 1, 1992, for any violation of this Section shall be rescinded and the driving record of any person awarded demerit points for a violation of this Section shall be amended to reflect such rescission.
(1962, c. 125, � 46.1-198.1; 1975, c. 108; 1976, c. 90; 1978, cc. 87, 91; 1981, c. 303; 1989, c. 727; 1992, c. 825; 1998, c. 300.) What looks like a "4" to you on the ticket will most likely look like a "9" to the Trooper and the Judge.
"I call that bold talk for a one-eyed fat man." --Robert Duvall.
"Fill your hand, you son-of-a-bitch!" --John Wayne.
~Molɔ̀ːn Labé Skýla~
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Campfire 'Bwana
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OP
Campfire 'Bwana
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No it is a 4, but you may be right since the good old boys club is geared toward more revenue
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Campfire Ranger
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Campfire Ranger
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"had no power source and was not readily accessible for use by the driver or any passenger in the vehicle."
I think the "and" will bite you.
There was a power source (although not plugged in) and it was readily accessible.
I'm not a lawyer but that's how I read it. ========== It's how most Judges will read it too but with the need to amend the summons,he could have a good day. Obviously the summons needs to amended to reflect the proper code/violation. Is there a chance it would be thrown out since the ticket was improperly written? A technicality so to speak?
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Campfire Tracker
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Campfire Tracker
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If i take it to court the worst i will have to do is pay the citation . If i just send in the money and pay it , and they register it on my records in the system by the code he wrote on the ticket the next background check will show i have a felony against me in VA. a radar detector is a felony charge  are you sure ? Va is as azz backwards as Md.
"Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much" Teddy Roosevelt
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Campfire Ranger
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Campfire Ranger
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Any time I've driven through them virgin states I take mine off the mount and toss it into the counsel...
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Campfire 'Bwana
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OP
Campfire 'Bwana
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He knew i wasn't breaking the Law it is all about money and meeting his ticket quota
A Doe walks out of the woods today and says, that is the last time I'm going to do that for Two Bucks.
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Joined: Jul 2006
Posts: 62,043
Campfire Kahuna
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Campfire Kahuna
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Is there a chance it would be thrown out since the ticket was improperly written?
================
I've argued such many times but with little success. It's traffic court and,other than the mistaken felony charge,it was still technically intended as a misdemeanor traffic violation,(pre-pay option)and the courts here are inclined to permit the amendment.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward
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Joined: Jul 2006
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Campfire Kahuna
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Campfire Kahuna
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Bea...if you think they could get you on the amended charge due to the device's (accessibility,you could avoid the trip by calling the trooper or maybe the ADA and get it amended for pre-pay without having to appear and play lawyer for a full morning. If you go for it,stay at a Holiday Inn Express.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward
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Joined: Dec 2002
Posts: 15,861
Campfire Ranger
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Campfire Ranger
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He knew i wasn't breaking the Law it is all about money and meeting his ticket quota Yup. He knew damn well you didn't have it on. That's why I don't give em a chance...
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Campfire 'Bwana
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Campfire 'Bwana
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Just be glad you are not a commercial driver. Federal law prohibits then in any commercial vehicle even if in a never opened box. Big time fine with that one.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Campfire 'Bwana
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Campfire 'Bwana
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This kind of stuff is one of the big problems in America today and what is driving a wedge between the citizenry and legal "system". I'm afraid it won't be getting any better and afraid more of what that will mean down the road.
We may know the time Ben Carson lied, but does anyone know the time Hillary Clinton told the truth?
Immersing oneself in progressive lieberalism is no different than bathing in the sewage of Hell.
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Campfire Outfitter
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Intentionally or not you broke the law according to the Common Wealth of Virginia. It sucks but thats the fact. I would contact the prosecutor and speak with him politely saying sir alot. See what his take is on it usually he will plea it down before court otherwise hire an attorney and let him do his work.
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Campfire Tracker
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Go to Court, I bet they will drop it rather than proceed. I get stopped a lot here in CT for all kinds of things. I sign the ticket not guilty and go to court. Out of 20 tickets over the last three years, I went to court once and the DA handling it asked me two questions and then he dropped it too. The cops here are under pressure to write as many tickets as they can. All the tickets no matter if its written by a town cop or a state trooper goes to the same place in Hartford. The State figures that 9/10 will just pay the fine in posed and that is it. I just gotten written up for a head light, I have a problem with the car, it burns them out every time it rains, 92 fine, I am going go to court. If this is a felony down in VA, you don't want that on your record. It could effect your rights in ways you have not considered. Go to court. Make them work for the fine, let them loose money on this. Its BS.
"Any idiot can face a crisis,it's the day-to-day living that wears you out."
Anton Chekhov
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Campfire Kahuna
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Campfire Kahuna
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He allegedly violated a law. Don't get me wrong,I love your lawyer advice but it's difficult to justify a 1000 dollar lawyer fee for a 60 dollar ticket. I'm way cool with your thinking,though.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward
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Joined: Mar 2006
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Campfire Ranger
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Campfire Ranger
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Another question. Would the radar infraction be akin to a non-moving violation rather than a traffic violation since no points are involved? And if so, I assume this wouldn't have any affect on insurance. If this is correct, then it seems as though the only thing at stake is a small fine. What say you counselor? 
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Campfire Tracker
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He knew i wasn't breaking the Law it is all about money and meeting his ticket quota Yes it is....in Md we now have this speed camera things, ticket comes in the mail, and tells you to paid $50 or else.
"Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much" Teddy Roosevelt
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