Unlawful Use of Vehicle with Word "Police" Shown Thereon
My question involves criminal law for the state of: VA.
My son owns a 2001 Ford Crown Victoria which was a former Police Cruiser. It is legally licensed, registered, and insured in the state of Virginia. The vehicle was scrubbed of all visible markings, lights, sirens, etc… before being sold at public auction, with the exception of a small identifying label on the rear of the vehicle (placed there by Ford Motor Company) with the inscription "Police Interceptor".
I do not have firsthand knowledge of what transpired but I do know the end result. My son was given a summons for the violation of VA. Statute 18.2-175, which involves the unlawful use of vehicle with word "police" shown thereon. This is a Class 1 misdemeanor in the state of VA carrying the possibility of both jail time and fines. At the time this occurred, he was not cited for anything else, just the above infraction.
With the parameters as I explained above, does this pass the "sniff test"? Neither I nor my son can afford an attorney at this time. What recourse do we have? Any and all input would be highly valued and appreciated.
Re: Unlawful Use of Vehicle with Word "Police" Shown Thereon
A lot more information is needed concerning the traffic stop. The words "Police Interceptor" is not a claim as a law enforcement officer. It is a contiuation of the model to differ it from a stock Crown Vic. Because the factory adds upgraded suspension, etc to the vehicle it is labeled as such. It's the same for most car companies, such as a Ford Explorer or Ford Explorer SE or Ford Explorer SEL. The model is a Ford Explorer, the extended model is the SE, or SEL, etc.
Re: Unlawful Use of Vehicle with Word "Police" Shown Thereon
by the technical reading of the statute, using a vehicle with the word "police" on it is illegal. I am sure this situation is not what the law intended to control. Police Interceptor is a model designation by Ford. It is not intended to infer it is a police vehicle, which is what the law is intended to prevent.
He needs to plead not guilty and ask for a public defender.
Quote:
§ 18.2-175. Unlawful wearing of officer's uniform or insignia; unlawful use of vehicle with word "police" shown thereon.
No person, not such an officer as is referred to in §
19.2-78, shall wear any such uniform as is designated pursuant to the provisions of such section or wear an insignia or markings containing the Seal of the Commonwealth or the insignia of any such officer's uniform, nor shall any person not such an officer, or not authorized by such officer, or not authorized by the military police of the armed forces or of the National Guard, or not authorized by the military police of other governmental agencies,
use or cause to be used on the public roads or highways of this Commonwealth, any motor vehicle bearing markings with the word "police" shown thereon. However, the prohibition against wearing an insignia or markings containing the Seal of the Commonwealth shall not apply to any certified firefighter or to any certified or licensed emergency medical personnel. Any violation of this section shall be a Class 1 misdemeanor.
(Code 1950, § 18.1-312; 1960, c. 358; 1966, c. 420; 1968, c. 675; 197
Re: Unlawful Use of Vehicle with Word "Police" Shown Thereon
Quote:
Quoting
jk
by the technical reading of the statute, using a vehicle with the word "police" on it is illegal. I am sure this situation is not what the law intended to control. Police Interceptor is a model designation by Ford. It is not intended to infer it is a police vehicle, which is what the law is intended to prevent.
He needs to plead not guilty and ask for a public defender.
But I like the Police ; they made good music.
Re: Unlawful Use of Vehicle with Word "Police" Shown Thereon
It's got a cop motor, a 440 cubic inch plant, it's got cop tires, cop suspensions, cop shocks. It's a model made before catalytic converters so it'll run good on regular gas.