during DUI Checkpoint, cop stopped and asked me to roll down window; mine window does not work. He wrote me Virginia Uniform Summons:defective equipment driver window(law section 462 1003). I have California license.
1. is Virginia uniform summons is equivalent to traffic ticket in other states?
2. will this go to my driving record?
3. will this go to my immigration record?
You have posed several questions regarding a Virginia summons for the traffic infraction of Defective Equipment (Va. Code Section 46.2-1003). As an initial matter, repairing the alleged defect, in this case, a malfunctioning driver's side window, will probably go a long way towards convincing the Judge in your case to be lenient. In many cases a Judge may consider simply dismissing the ticket if such remedial action is taken. However, it is still an open question as to whether you were aware of the malfunction prior to the issuance of the ticket. It may be argued in Court that you did not have the requisite intent to operate a motor vehicle with defective equipment. If you are convicted of this violation, it does not carry any points under Virginia law, at this time. Circumstances change and the Department of Motor Vehicles can consider changing their position regarding this violation, but at this time it is treated as a 0 point offense. If you are convicted of this offense, the clerk's office in the county where the violation occurred will likely transmit this information to the Virginia DMV. As a result, the Virginia DMV may keep a record of this conviction. Whether your home state, California, learns of this violation is another matter, which I cannot answer.Typically, all states belong to a compact which permits them to share information, so it is possible that California may learn of a conviction in Virginia, and then assess their own punishment or points. You should speak to a California traffic attorney regarding that matter. Finally, I do not practice immigration law, and I cannot answer your question regarding your "immigration record". I can only state that a violation for Defective Equipment is considered a traffic infraction, not a Class 1 misdemeanor or Felony. As a result, the heaviest sanction a court may consider for a violation of Defective Equipment is a fine.
