Legal Question in Traffic Law in Virginia

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.

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.