D.I.P. not on record
I was recently charged with drunk in public in VA. According to three police officers and the magistrate, if you pay the pre-payable fine, nothing will go on your record. However, when speaking to a law firm, I was told that paying the fine admits to guilt and it will go on your criminal record. Which story is correct and if the lawyer is correct, why would the police officers and magistrate tell me differently?
2 Answers from Attorneys
Re: D.I.P. not on record
Va. Code Sec. 18.2-388 concerning "profane swearing in public and public intoxication" classifies such conduct as a Class 4 misdemeanor in
the Virginia Criminal Code.
I see nothing in this particular criminal statute which would support the alleged assertions attributed to the police officers and the magistrate. Nor, if true, do I have any explanation
for their apparently incorrect statement regarding this particular matter.(It is, of course, worth bearing in mind that most police officers and magistrates are not licensed to practice law in the Commonwealth.)
Re: D.I.P. not on record
Va. Code Sec. 18.2-388 concerning "profane swearing in public and public intoxication" classifies such conduct as a Class 4 misdemeanor in
the Virginia Criminal Code.
I see nothing in this particular criminal statute which would support the alleged assertions attributed to the police officers and the magistrate. Nor, if true, do I have any explanation
for their apparently incorrect statement regarding this particular matter.(It is, of course, worth bearing in mind that most police officers and magistrates are not licensed to practice law in the Commonwealth.)
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