Recent Changes to Virginia’s Vehicle Inspection Law
The basic elements of this law, which includes a universal inspection requirement, have not changed. However, the Legislature limited officers’ ability to detain motorists for expired inspection stickers and limited the effects of such arrests. More on that below.
The new complexities in this law illustrate the need for a Leesburg criminal defense lawyer to handle all criminal cases, regardless of how “major” or “minor” they seem. The Sixth Amendment guarantees the right to a lawyer, but it doesn’t guarantee the right to a free lawyer. Court-appointed lawyers and public defenders are only available in limited situations. But a private Leesburg criminal defense lawyer is always available to evaluate a case and present a strong defense.
Vehicle Inspection
A current sticker from an approved inspector is prima facie proof that the motor vehicle, trailer, or semitrailer passed inspection. Vehicle owners don’t need to submit additional proof, at least in most cases. This additional proof usually includes a certificate of completion and perhaps receipts for any necessary repairs.
If an officer believes, based on a visual inspection, that a sticker is fraudulent, the state could press Section 46.2-1163 charges. Using a counterfeit inspection sticker or illegally using an inspection sticker is a Class 1 Misdemeanor in Virginia. The potential penalties include up to 12 months in jail and a fine of up to $2,500.
In addition to display, the state must prove the owner knew the sticker was fraudulent or intended for display elsewhere, usually on another vehicle.
Typically, a Leesburg criminal defense lawyer gets these charges dismissed if the owner provides proof of compliance within about sixty days. Once again, the sticker is proof positive of compliance, at least in most cases.
Using, making, or issuing a counterfeit or imitation of an official safety inspection sticker is usually a felony in Loudoun County. These charges are more difficult to resolve.
An unreliable informant is one of the most common defenses. Typically, the officer tells a person with a fake sticker “Tell me where you got this sticker and I’ll let you go.” The owner then furnishes a name. That information may be accurate, but it’s unreliable. Most people will say almost anything to save their own skins.
Permissible Stops
According to the law, “no law enforcement officer shall stop a motor vehicle due to an expired vehicle inspection sticker until the first day of the fourth month after the original expiration date.”
Many officers know they cannot legally detain a motorist for a sticker violation when they activate their overhead lights, because of the timing. The officer then hopes to find other evidence of illegality, such as possession of a controlled substance, during the detention.
However, if the initial law enforcement contact was illegal, any subsequently discovered evidence is fruit from a poisonous tree. Note that the law states officers cannot “stop” vehicles. The law doesn’t say officers can stop vehicles but not issue citations. The difference is subtle but significant.
Allowable Searches
Furthermore, the law limits warrantless searches following lawful arrests. Usually, after a lawful arrest, such as an arrest for an expired sticker, officers may search people and property for weapons even if they don’t have warrants, under the search incident to arrest exception.
The law excludes any evidence police officers obtain during such searches, even if they had probable cause to look for a weapon or other contraband item.
Count on a Dedicated Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
Source:
law.lis.virginia.gov/vacode/title46.2/chapter10/section46.2-1157/
