Legal Question in Traffic Law in Virginia

Officer initiated chase, Line of Sight Question

Headed out of town at approx 1:30am while following a friend in his new car he called me on my cell and told me to ''bring it on'', we had just proceeded through a light at 9th st when we initiated the race and were headed up the hill and around the turn, unbeknowst to us an officer running radar on 3rd st had picked us up on his radar, he hit his lights and proceeded after us. Our destination was less than a half a mile from our current location and we we're already out of the vehicles when I received a call from another friend of mine whom we had passed after going around the turn at the top of the hill, he informed me that there was an officer pursuing and that we needed to get off the road. -- Since there is no way the officer would have been able to make an ID on our plates from that distance and we were inside the apartment building before he even made it around the turn, is there any way he could issue a ticket since he cannot positivly identify the vehicles?


Asked on 1/22/05, 12:19 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Officer initiated chase, Line of Sight Question

"Bring it on", eh? So indeed you have, but, obviously, not in the way you intended---nor in the way our Commander-in-Chief, George W. Bush, intended when he used a similar phrase back in the summer of '03, in a completely different context, of course.

Regarding your question as to whether there "is any way he (the police officer)could issue a ticket since he cannot positively identify the vehicles?" The answer must be, obviously, yes, of course, otherwise you would not have been issued what is presumably a summons for reckless driving in violation of Va. Code Sec. 46.2-865(racing on public highway) and you would not now be posting this question on the LawGuru BBS.

As to whether the details in support of the charge will hold up in court, that will be a matter for you to take up with your attorney which you will need to represent you in this matter since the offense of reckless driving is a jailable offense (Class 1 misdemeanor) in the Commonwealth. Hopefully, the prosecutor before trial will permit your defense counsel a peek at the police report of the incident wherein the details which you're now seeking in your question are probably set forth with sufficent clarity and persuasiveness so as to convince an appopriately detached and neutral traffic court judge of your guilt beond a reasonable doubt.

Furthermore, any friends who aided and abetted you

in the commission of your crime may also be charged under Va. Code Sec. 46.2-866 with the same Class 1 misdemeanor as you and, therefore, each of these who may be so involved should now be planning to engage the services of competent defense counsel.

In the event that you're convicted of racing your vehicle on a public highway, your vehicle (if that is the one that was used in the commission of this crime) will then be subject to seizure and sale as provided in Va. Code Sec. 46.2-867.

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Answered on 1/22/05, 5:46 pm
Jonathon Moseley Jonathon A. Moseley

Re: Officer initiated chase, Line of Sight Question

A ticket is a "charge," an accusation.

Therefore the police officer does not have to

have absolute proof to issue a ticket, only

reasonable suspicion (probable cause).

Whether it is proven or not is another question.

In the trial, the court might not be convinced

that the police officer has the right person or

the right car, but that is a different question

from whether the police officer can issue a ticket.

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Answered on 1/30/05, 9:52 pm


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