Legal Question in Traffic Law in Virginia
Can a warrant be issued?
Driving with passenger I66 west DC to Fairfax, moderately heavy traffic, all below 55, 7:45pm dark. Changed lanes few times using signals, not aware of cutting anyone off, not driving faster than other traffic nor speeding. I exit on 2 lane ramp 123S, car pulls in behind, tailgating, attempted to pass on right shoulder. No: police lights/siren/flashing headlights/horn. I signaled, moved to left lane to let him pass, car pulls in behind. Left at first light, car did same. Called 911, report aggressive driver, request police. Left next light, car follows. Right, turned around in parking lot, car follows. Back on street, pull up by passenger�s parked car. Car passes, blocks us in. 911 says car is offduty Arlington cop, claims I drove aggressively and displayed obscene gesture (didn�t). Person gets out of other car, displays badge, never approaches me. Fairfax City police arrive, takes my license/registration, ask my story. Offduty cop leaves, FC police returns license/registration, says no infractions in their jurisdiction, just be more careful, and he doesn�t control offduty cop, who could get a warrant. Incident was 7 days ago. Can/will officer get a warrant? How long can he take? How do I find out? What should I do next?
2 Answers from Attorneys
Re: Can a warrant be issued?
Well, I would take it slightly more seriously in the follwing way. I would get a tape recorder out and you and your passenger talk on the tape and try to remember EVERY detail as precisely as you can. Then if anything comes up later you will have all the details done pat.
Re: Can a warrant be issued?
Warrant for what, driving aggressively and making
alleged gestures? Warrants for one's arrest, you can be assured, are reserved for much more serious matters(like felonies) and even the least schooled Virginia magistrate would surely know better than to approve one based upon the facts involving the incident which you've described.
As to what you should do next? Take a breather and relax. You can forget about this one.
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