Other Criminal Charges & Offenses Can't believe it is a criminal charge

[Redemptionman]

Thanks again. It was in a general district (county) court. One other important note: The judge verbally stated: "This does not get reported anywhere. It stays at the courthouse for 10 years, and then is purged." Is this category (Class IV) of misdemeanor, or this particular code section, not reported in the criminal database? 29.1-748

Okay so, if it was a district court then I would not worry about trying to do anything with it. If it was a circuit county court and you paid a larger fine than you would in a lower court and you want to have it removed then you can do that in Virginia

beginning July 1 2021 you can have certain felonies and most misdemeanors expunged. Again, if you are so worried about it run a background check on yourself in a few months and see if it shows. I tend to believe the judge when he said it would not show up.

 

[Tax Counsel]

Again, is someone charged with a misdemeanor for failing to wear their seat belt?

Not in Virginia. Failure to wear a seat belt is a civil matter, not a criminal one. See VA Code §
46.2-1094.

But that difference doesn't help you at all in defending against this charge because the state legislature may decide that the two offenses are different and apply different penalties for them.

One other important note: The judge verbally stated: "This does not get reported anywhere. It stays at the courthouse for 10 years, and then is purged." Is this category (Class IV) of misdemeanor, or this particular code section, not reported in the criminal database? 29.1-748

No, it does not get reported. The crimes that get reported to the State Police for inclusion in its criminal database are set out in VA Code § 19.2-390. Your offense is not among those specified in that section.

 

[flyingron]

Just because it isn't criminal doesn't mean it's not reported. Summary offenses in PA for example, show up on live scan.

 

[bpdasus]

Okay so, if it was a district court then I would not worry about trying to do anything with it. If it was a circuit county court and you paid a larger fine than you would in a lower court and you want to have it removed then you can do that in Virginia

beginning July 1 2021 you can have certain felonies and most misdemeanors expunged. Again, if you are so worried about it run a background check on yourself in a few months and see if it shows. I tend to believe the judge when he said it would not show up.

Ok thank you. I will do that.

 

[bpdasus]

Not in Virginia. Failure to wear a seat belt is a civil matter, not a criminal one. See VA Code §
46.2-1094.

But that difference doesn't help you at all in defending against this charge because the state legislature may decide that the two offenses are different and apply different penalties for them.



No, it does not get reported. The crimes that get reported to the State Police for inclusion in its criminal database are set out in VA Code § 19.2-390. Your offense is not among those specified in that section.

Ok, thank you!

 

[leslie82]

I recently purchased a PWC and took it out on a lake in Virginia with my sons who were in another boat riding tandem with me through the initial "no wake" zone headed out. We had life vests for everyone in the boat, and I had every intention of putting mine on before taking off. Unfortunately, I did not get that far, as a Sheriff's deputy pulled me over and cited me for not wearing a life vest. A Class IV misdemeanor in VA.

I showed up in GDC to see if the judge would either dismiss or continue it based on my explanation, and offered to re-take the boater safety class. He would not budge.

I really do not want a criminal conviction on my record, and am considering appealing the case. The circuit court of course is in the same jurisdiction, and although I believe if I appeal the circuit court judge would have to try it as a new case, I am not naive enough to think I will get a fair shake in the same courthouse.

The only remaining explanation I did not offer initially is that, I was unaware of the requirement to have the life vest on at all times. It had been some time since I took the boater safety class, and/or I did not apprise myself of VA law on this requirement. I honestly thought I was in compliance having it "with" me (in the boat next to me).

I do not feel a misdemeanor charge is commensurate with what I did, but what are the odds that a judge would agree on appeal? Thank you in advance.

"We had life vests for everyone in the boat, and I had every intention of putting mine on before taking off. Unfortunately, I did not get that far, as a Sheriff's deputy pulled me over and cited me for not wearing a life vest."

You didn't put your vest on though. You even said you knew you had to have it on as you had "every intention" of putting it on. You broke the law. Why would it be ok to just have a life vest next to you? How does that help you if you fall in the water? And yet everyone else had a vest on but you didn't...

You do you but no sympathy here. You knew better.