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Ask a Cop: Towing Vehicles on Private Property

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com

Question: I would like to find out if a vehicle can be towed from parking in townhomes (private property) when the vehicle has plates/registration that is out of date?  I live in a townhome community and we seem to have lots of vehicles popping up in the visitor parking that have dead plates or out-of-date registration. Answer: A vehicle can be towed from any private property at the request of the owner of such property as long the towing company complies with the locality’s ordinances governing such removal. There need not be any articulable reason for a property owner removing a vehicle, as it is an inherent right of property ownership. Therefore, if the property management (working under authority of the property owner) rules that all …

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Ask a Cop: Closed Containers of Alcohol in Vehicles?

Have a question for the Fredericksburg Police Department? Send it to local editor Dan Telvock at dan.telvock@patch.com

Question: What is the law regarding closed containers of alcohol in vehicles? Must the alcohol be placed in the trunk or back seat-- or does it not matter where it's kept, as long as the alcohol is in a closed container? Answer: As long as the person in possession of the alcohol is of legal age, a closed container of alcohol may be anywhere inside a vehicle to be transported. There are no restrictions.

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Ask a Cop: Passenger's ID?

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com with the subect "Ask a Cop"

Question: A couple of weeks ago, I was stopped by an officer for having a stoplight out.  The officer asked for my license (understandable as I was the driver) and then asked for my wife’s ID. I am wondering why he would ask to see a passenger’s ID and if she was legally required to present it to him. Answer: The Courts have held that an officer may ask a passenger for identification during a traffic stop, but whether the passenger is obligated to identify him or herself depends upon the reason for the stop. If the only reason for the stop is a traffic infraction committed by the driver, the officer may ask a passenger for identification, but the passenger is not obligated to provide it. If however, the officer has reasonable suspicion to …

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Jason Atkinson

12:20 pm on Tuesday, August 7, 2012

I think asking for identification is a far less significant invasion on a person than is "stop and frisk". Some people seem to think that the government is constantly trying to take away our liberties in every situation (and yes, some do seem like they are). Do you complain when the teller asks for your ID with your credit card? Because from my understanding, this is a direct violation of their …   more ›

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Ask a Cop: Monitoring Restaurants At Night?

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com or leave it in the comments.

Question: What is the department's policy on monitoring restaurants late at night? Is having multiple squad cars in one area in the public's best interest and a proper use of tax dollars? Answer: The Police Department does keep track of locations in the city where we have repeated calls for service and/or arrests, and many of those locations are businesses known for their nightlife.  Due to these repeated incidents, usually disturbances and assaults, we flag these locations for increased patrol and proactive policing. Disturbances and assaults are much less likely to occur when there is an officer plainly visible in the vicinity. However, these officers are also available to respond to incidents as needed away from the targeted problem …

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Ask a Cop: Texting at a Stoplight?

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com

Question: I know you can't text and drive. I dont even talk on the phone while driving. Can you read or send a text while sitting at a red light? Is that legal? From Traffic Officer Jamie Walker: The short answer here is "yes, you can." Under paragraph B, number two states that an operator who is lawfully parked or stopped may read or send a text. However, commercial vehicle operators (including buses and trucks) may not text or talk on a cell phone at any time while in operation of a CMV under Title 49, Code of Federal Regulations. 46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty. A. It shall be unlawful for any person to operate a moving motor vehicle on the highways in the …

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Ask a Cop: Rules on Parking Bicycles

Have a question? Send it to Fredericksburg Patch Local Editor Dan Telvock.

  Question: What are the provisions for parking scooters in the downtown area. Are they allowed to park like bikes? Or are they required to use up a full-sized parking space? If so, what are the rules for parking bikes? Can they be locked to various fixtures along the sidewalks, as long as they don't block pedestrian traffic? Are there any state or city codes or ordinances for this?   This answer comes from Doug Fawcett, the city's public works director: I will respond to the simpler of your two questions now (bicycles), but need some time to do a little research before I go on record on the other issue (scooters)... Bicycles may NOT be secured to street signs, ornamental street lights, street trees or any other City property in the public…

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Dan Telvock

7:47 pm on Tuesday, July 10, 2012

This response is from Mr. Fawcett: You may report a bike that has apparently been abandoned in the public right of way in the City to the Public Works Department at 540 372 1023 or at dfawcett@fredericksburgva.gov. We’ll check out the bike near Hyperion.   more ›

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Ask A Cop: Air Guns and Playing on Highways

Have a question for the Fredericksburg Police Department? Send it to dan.telvock@patch.com

Question: Is there an ordinance for the city limits prohibiting children (or anyone else) from using residential streets as playgrounds (basketball courts, for instance)?  If not, it seems there should be. It is not only an obvious safety issue but can be a nuisance for the neighborhood as well.   Answer: There is a state ordinance that governs this: § 46.2-932. Playing on highways; use of toy vehicle on highways, persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, etc., not to attach to vehicles; exception. A. No person shall play on a highway, other than on the sidewalks thereof, within a city or town or on any part of a highway outside the limits of a city or town designated …

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Dan Telvock

3:40 pm on Tuesday, June 12, 2012

From the CTB handbook: Prohibiting Certain Methods of Travel on Interstate Highways Approved: 1/17/1985 WHEREAS, the State Highway and Transportation Commission on April 20, 1967, adopted a resolution that (1) pedestrians, (2) persons riding bicycles, (3) horsedrawn vehicles, (4) self-propelled machinery or equipment and (5) animals led, ridden or driven on the hoof be prohibited from using …   more ›

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Ask a Cop: Mugshot Photos, Police Reports, Stop at Yield Signs?

Three questions in this week's Ask a Cop feature with the Fredericksburg Police Department.

  Question: Are mugshot photos available to the public if someone requests them? In general, arrestee photographs that are obtained by the arresting officer are releasable as long as the release of the photo will not jeopardize an ongoing criminal investigation. However, arrestee photographs are not always maintained in the records of the arresting agency. If the person is released on a summons after being arrested for a minor offense, in most cases the officer will not take a mugshot. In more serious cases where the arrestee is turned over to the custody of the jail, the officer may defer to the jail officers to obtain the photograph during the booking process.   Get daily and breaking news email updates from Fredericksburg Patch by …

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Ask a Cop: Why Internal Investigations?

The Fredericksburg Police Departments answers a question about internal investigations.

Question: Why do police agencies always investigate their own? Why can't an independent party investigate complaints and or police shootings? Shouldn't an impartial body investigate complaints?   Get daily and breaking news email updates from Fredericksburg Patch by signing up for newsletters here. For instant updates, follow Fredericksburg Patch on Facebook and Twitter .    Please note that this response intends only to refer to the policies and practices of the Fredericksburg Police Department. Answer: The Fredericksburg Police Department is a nationally accredited agency through CALEA, the Commission on Accreditation for Law Enforcement Agencies. Accreditation guarantees that our agency follows the best practices of law enforcement by …

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Dan Telvock

9:55 pm on Tuesday, May 29, 2012

The explanation was a worthy read. I enjoy this column each week, and appreciate the police department answering the questions.   more ›

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Ask a Cop: Rules For Bicyclists?

If you have a question for this Ask a Cop feature, send it to dan.telvock@patch.com

  Question: With more bicycles on the road, what are the rules for bike riders? Do they have to follow the same motor vehicle rules and regulations, i.e., stop signs, lane changes?   Answer: The Police department has produced a pamphlet that addresses these questions and also has some good tips on bike safety and resources available to bike enthusiasts.  But here are the most critical rules of the road: • Virginia law essentially requires cyclists riding on a public roadway to follow the same rules of the road as drivers of motor vehicles.  Cyclists can receive a summons for violations. • Cyclists are required to ride with the direction of traffic and obey all stop lights, stop signs, speed limits, lane markings and other highway signs. • …

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