Legal Question in Traffic Law in Virginia

A cop came to my house and said that i was driving reckless. He stated that he saw me driving reckless on his way to the station in his POV. So while at my front door the officer began to tell me about how he saw me driving reckless. I asked him why he was coming to my house and accusing me of this. I then him asked if he was charging me or giving me a ticket. He said yes and asked me for my ID, I then stated that was not getting my ID. He took his cuffs out and handcuffed me and put me in his police car. I then asked for his supervisor to come out and explain the charges. Once the supervisor arrived he stated that because I didn't give up my ID I was being charged with obstruction of justice. Can an officer come to my house charge me with a crime and then demand that I show him my ID without a warrant.

Asked on 8/18/13, 8:22 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Yes, so it would seem except that you appear to have the order of events in this arrest slightly reversed, i.e., the officer apparently never charged you with reckless driving but asked you for your ID and when you refused, then charged you with the crime of obstruction of justice and then affixed the cuffs to your wrists.

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Answered on 8/19/13, 8:49 pm

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