Legal Question in Traffic Law in Virginia

Traffic summons month after accident, no court

Son 19 involved in fender bender over a month ago in Virginia. We live in NC. Officer called to scene issued no summons to either party. Different police officer called today, a month later, asking my son to meet him in Virginia to receive a summons for 'improper change of lane', because they rethought the accident. This does not sound right. At time of accident, other car had multiple passengers, who started talking about bad backs, sore necks, etc, even though damage was monir. On scene officer told them that if they wanted to they could go to civil court for damages.

One speculation is that this is a process server for a civil action. If not, do police and can they 'rethink' an accident a month later and issue a summons?

Suggestions/advice?

--name removed--Keohane


Asked on 2/17/04, 12:12 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Traffic summons month after accident, no court

Yes, of course, the officer can "rethink" his position, particularly after the other driver(probably a Virginia resident)gives the officer's supervisor a call.

And merely because the officer has now, apparently, rethought his opinion sufficiently to

the point that he now wishes to serve your son with a summons, in no way obligates your son to accommodate the officer by traveling back to

Virginia to receive it. (And he would be very foolish to do so as a conviction on the traffic infraction could open the door to full fledged civil liability.)

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Answered on 2/17/04, 12:57 pm


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