Question for Virginia LEO's: Misdemeanor or infraction?

[H.R. Cufnstuf]

A couple of years ago I received a summons for "Accident - Improper Lane Change" (I don't have the exact code section handy since Virginia Courts seems to be offline at the moment).

After receiving my conviction it was entered into my record as "Misdemeanor." The only code section I can find where that would be classified as a misdemeanor is § 46.2-341.20 which discusses serious offenses committed in a commercial vehicle.

This makes sense somewhat as I was driving a UHAUL (Ford E-350 box truck) at the time, however, I am not a CDL holder and i'm told the E-350 does not count as a commercial vehicle. Both the attorney I had retained for the particular case and the VSP Lieutenant who I worked for as a volunteer said the offense is a traffic infraction and the clerk must have entered the case incorrectly. My attorney tried to argue the point with the clerk at the time but she didn't buy it. I was then told I would have to pay the attorney extra to try to get it fixed so I didn't bother at the time.

Sorry for making this long winded. My questions:

- Was the offense I committed actually a Class 4 or a traffic infraction?

- If an infraction, what steps do I need to take to have this corrected with the court. Is it a simple fix or would I need to retain another attorney?

- Will a civilian law enforcement agency consider this a Class 4 or an infraction for hiring purposes?

Thanks!

[jarobins]

Was the offense I committed actually a Class 4 or a traffic infraction?

Could be either depending on the circumstances, such as the severity of the accident and your attitude. Normally for an Improper Lane Change I charge under 46.2-804. It is a traffic infraction and allows you to prepay (so it is easier for me to charge under this section). However, you could also have been charged with Reckless Driving under 46.2-860. This would be a Class 1 misdemeanor.

If an infraction, what steps do I need to take to have this corrected with the court. Is it a simple fix or would I need to retain another attorney?

Your DMV record should show the code section that you were convicted under. You can get transcript online from DMV. If you were convicted for an infraction and not RD then I would send the DMV commissioner a certified letter explaining everything. Send with it a copy of the conviction which you can obtain from the General District court where you were convicted - make sure the clerk certifies the document.

Will a civilian law enforcement agency consider this a Class 4 or an infraction for hiring purposes?

Most wouldn't classify a traffic charge as a "criminal" charge. Although, technically RD is a Class 1 misdemeanor. However, it is not reportable to CCRE and does not show up on a criminal history. Typically 'criminal' charges refer to code sections listed under Title 18.2, however, there are exceptions.

[H.R. Cufnstuf]

It was 46.2-804, specifically:

2. A vehicle shall be driven as nearly as is practicable entirely within a single lane and shall not be moved from that lane until the driver has ascertained that such movement can be made safely;

I was given the opportunity to prepay but opted to retain an attorney since insurance companies were involved and the conviction could have affected my enlistment.

Here's my problem: I think it's the court that's calling it a Class 4 (I looked this up on Virginia Courts, not my DMV printout). It's not really the DMV i'm worried about as this won't show up on my record with the DMV after another year. My concern is how it will be viewed when I apply for a reserve deputy position after coming home from deployment.

With that said, I still want to get this corrected with the DMV if they're showing a misdemeanor. Will they be able to look at the court abstract, know that I do not hold a CDL, and put two and two together?

I've had a number of traffic infractions in my adult life, but nothing criminal (outside of this, if it counts) so i'm trying to get this corrected out of principle.