Hanover County, Virginia – General District Court Traffic Defense Attorney Case Result

Misdemeanor charge for unauthorized use of inspection was REDUCED to a traffic infraction for failure to have vehicle inspected.  Driver found an inspection sticker and placed it on his vehicle (which he could not afford to have repaired enough to pass inspection due to the cost of the repairs).  Driver did not know the police are able to scan inspection stickers, which the officer did in this case (and found that the inspection sticker was invalid).  Driver had a clean record and thankfully was able to avoid a misdemeanor conviction for this charge.  Proof that the vehicle was sold was provided to the Court, which enticed the judge to reduce the charge down from a misdemeanor (along with the driver’s clean record).

See Virginia Code Sections below for more information:

• Virginia Code § 46.2-1172. Unauthorized taking, possession, or use of inspection stickers, etc.; penalty (virginia.gov)
  • “No person shall remove any inspection sticker or any paper issued by the Superintendent in connection with vehicle safety inspections from the custody of any person to whom the same has been issued by or under the authority of the Superintendent of State Police. Nor shall any person have any such sticker or paper in his possession or use otherwise than as authorized by the Superintendent. In any case where the Superintendent has suspended or revoked the designation of any official inspection station designated by him, such station shall surrender possession to the Superintendent or his duly authorized representative all inspection stickers and other forms and papers used in connection with safety inspection of vehicles on or before the effective date of such suspension or revocation. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.”
• Virginia Code § 46.2-1158.02. Penalty for failure to have motor vehicle inspection (virginia.gov)
  • “(A.) Notwithstanding the penalty provisions of § 46.2-1171, a violation of § 46.2-1158 constitutes a traffic infraction. The court may, in its discretion, dismiss a summons issued under § 46.2-1158 where correction of vehicle or safety equipment defects or proof of compliance with § 46.2-1158 is provided to the court subsequent to the issuance of the summons. (B.) The operator of a motor vehicle who is cited for a violation of § 46.2-1158 shall not be cited during the same occurrence for a violation of vehicle equipment requirements set forth in Article 3 (§ 46.2-1010 et seq.) through Article 9 (§ 46.2-1066 et seq.) for such vehicle, nor shall the operator of the motor vehicle that is subject to the citation be cited for a violation of such vehicle equipment requirements for such vehicle for a period of 15 calendar days.”