Is there a way around a case with a wrongfully written Law Section code? Technically what they wrote, has no law where I live.

Asked almost 4 years ago - Danville, VA

I was charged for possession of illegal substance, which the officer wrote on my ticket 18.2-750.1, and it's a very clearly written 7 compared to the way he wrote all of his 2's (they look like weird Z's).

18.2-750.1 has no law in Virginia for possession which is where I was given the ticket. It actually isn't anything. But 18.2-250.1 is a law, "Possession of Illegal Substances", which technically wasn't on me. It was found under my seat, not on my person, which I don't think helps much if any.

But technically I was charged nothing. Is this true, or does the court just look at cops like this as being sloppy in written literacy?

If you need, I edited and have clearly marked the areas of proof in question if you need to see what I'm talking about. Just send me an email address

Thanks

Attorney answers (1)

  1. Mitchell Mead Wells

    Contributor Level 12

    Answered . The prosecution can amend the 18.2-750.1 to 18.2-250.1. The words Possession of Marijuana were probably written on your summons next to the Virginia Code Section. DO NOT expect to win on this issue.

    You were not in ACTUAL POSSESSION but rather CONSTRUCTIVE POSSESSION.

    Your statement to the police (if any) and any other factors (evidence) will determine whether the evidence is sufficient to prove the allegation.

    Sounds like you MAY have a defendable case. Get a Danville Lawyer!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,638 answers this week

2,977 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,638 answers this week

2,977 attorneys answering