LOCAL NEWS
Police memos say Beach delegate tried to use his office to avoid ticket
06:21 PM EST on Friday, February 16, 2007
VIRGINIA BEACH, Va. (AP) -- Police e-mails and memos show that House Transportation Committee Chairman Leo Wardrup tried to use his legislative office to avoid a traffic ticket after running a red light and causing an accident.
The memos state that the Virginia Beach Republican raised the issue of legislative immunity after an October 2005 traffic accident, the Virginian-Pilot newspaper of Norfolk reported Friday after obtaining the correspondence through the state's Freedom of Information Act.
Wardrup has denied trying to get out of the summons.
City officials withheld the correspondence until Wardup's court case was concluded. Last week, Wardrup dropped his appeal of a conviction stemming from the accident and agreed to pay a $100 fine.
A memo written by Police Lieutenant J.T. Orr to Captain Steven Smith on Oct. 11, 2005 -- the day after the accident -- said that another officer investigated the crash and determined that Wardrup had driven through a red light.
That officer, S.J. Michal, then wrote Wardrup a summons, the memo said. But when Michal tried to give Wardrup the ticket, Wardrup claimed he was immune from prosecution, Orr wrote.
Orr was also at scene of the accident when the discussion took place.
"When we approached Mr. Wardrup to actually issue the summons, he very politely explained that he was not refusing to sign it, but that he was currently under the protection of state code section 30-5 which in effect made him immune from prosecution in connection with his charge," Orr wrote.
Virginia State Code Section 30-5 allows lawmakers to request delays in court hearings during General Assembly sessions, or 30 days before or after any session.
Based on Wardrup's claim, Michal and Orr decided not to issue the traffic summons, but instead to note on the accident report that Wardrup was at fault. Michal then gave Wardrup a ride to his home.
On Oct. 18, Michal changed his mind and obtained a magistrate's summons against Wardrup. Later that day, Wardrup called police chief A.M. Jacocks Jr.
A 10-page transcript of that conversation was released to the Virginian-Pilot in response to the FOIA request.
In the conversation, Wardrup told Jacocks that Michal was the first to bring up the issue of legislative privilege. Jacocks challenged Wardrup's recollection.
Wardrup did not respond to several of the newspaper's requests for comment. But his legislative aide, Bill Barnes, on Thursday reiterated Wardrup's assertion that the police officer brought up the issue of legislative privilege.
In an interview with The Virginian-Pilot weeks after the wreck, Wardrup said he never refused a ticket for the accident because police at the scene never offered him one.
(Copyright 2007 by The Associated Press. All Rights Reserved.)
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