By Andrew Criado, Senior Attorney
The first line of attack against a DUI in Virginia is the traffic stop. If the defense can show that the police stopped the car without a reasonable basis, the court will suppress the evidence gained from the stop, and the DUI will be dismissed.
When can the police stop a car?
by Bret Lee, Senior Attorney
Domestic assault charges in Virginia require the best defense. Family is the most important thing for most people. That is part of why a domestic assault charge can be so terrifying to someone who has not been in trouble before: it cuts to the core of your personal life. At Robinson Law, we are experienced in defending those who have been charged with domestic assault or assault against a family member. We are prepared to do what it takes to guide you to the best outcome possible. It starts with informing you about how the case will proceed in court, how you may help us, and preparing you for the possible results of the case.
There are some common misperceptions about domestic assault charges. The charge is brought by the Commonwealth of Virginia, not just the alleged victim. If the victim changes his or her mind and does not want to proceed with the charge, that does not mean the case will be automatically dropped in Virginia. In fact, the victim can sometimes be forced to testify in court against the defendant. The charge also cannot be dropped by a civil settlement. It is still critical to have an attorney help resolve the case even if everyone wants a dismissal, because not all dismissals are treated the same under Virginia law.
Most people are aware that the Commonwealth of Virginia is recognized as the state for lovers. But few people know why. “Virginia is for Lovers” was launched in 1969 by Virginia’s tourism industry, which considered younger generations as its target market. The baby boomers were known for their sense of adventure and “love” of life and peace, hence the reasoning behind the slogan.
But what most people don’t know about Virginia is that it’s notorious for having some of the most comical, archaic laws in the country. In fact, there are so many, I had difficulty narrowing this list down. While none of these laws are enforced today, some are still technically on the books.
1. It’s illegal to tickle women. Please be a lover, not a tickler.
I’ve had a handful of people ask me lately if displaying a certain ‘warning’ on your car window will excuse you from complying with a DUI checkpoint. The message reads something along the lines of: “I remain silent. No searches. I invoke my right to an attorney.” This won’t work in Virginia. A valid checkpoint is a lawful stop and you are required to provide your license and registration.
DUI checkpoints have many names – “roadblocks” and “traffic safety checking detail” are among the most common. Police are not only required to minimize the delay time for each vehicle at a roadblock, but they are also not authorized to stop every car passing through. Typically, they briefly detain every fourth or fifth car, but the mathematical equation they employ varies.
If the officer believes you’re driving under the influence, you will be asked to move your vehicle to the side of the road for additional questioning. Police may have a reasonable suspicion that you have consumed too much alcohol prior to driving if you show any of these signs:
Have you ever wondered when a police officer is authorized to search you? Or if he has enough evidence against you to make an arrest? This is where the familiar terms “reasonable suspicion” and “probable cause” come in to play. These concepts are fundamental in determining if and when a person can be detained for questioning, searched and arrested (seized).
The Fourth Amendment to the United States Constitution protects us from unreasonable searches and seizures. But what exactly does ‘unreasonable’ mean? Rather than following a neat, concise set of legal rules, reasonable suspicion and probable cause are based on the circumstantial interpretation made by the police officer(s). However, the officer’s interpretation must align with the Constitution, which is not always the case. In this week’s post I break down these two terms and provide examples through hypothetical DUI stops.
● Reasonable suspicion for an investigative stop – An officer can briefly detain a person if he has a reasonable belief that a crime has been, is being, or will be committed. The officer may also perform a limited search (frisk) of the outside of the person’s clothing if he has a reasonable belief that the person is armed. The officer’s belief must be based on facts or circumstances. In other words, an officer cannot simply “guess” or “feel” as though a crime has been, is being, or will be committed.
If you’re pulled over for a simple traffic violation, you may feel intimidated. If you’re pulled over after you’ve been drinking, that intimidation is often accompanied by a mix of emotions – especially if you don’t know your rights! The Commonwealth of Virginia is among the strictest states when it comes to drinking and driving. Although an officer doesn’t need much to charge you with DUI in Virginia, the charge must be supported by evidence for a conviction to follow it. This week’s blog demonstrates what to do (and not do) in order to leave the prosecution with as little evidence against you as possible.
In order to justify a traffic stop, the officer must have reasonable suspicion that you are in the process of committing a crime, you have committed a crime, or you are about to commit a crime. Most individuals arrested for DUI or DWI are originally pulled over for speeding, failure to fully stop at a stop sign, swerving, or some other type of erratic driving behavior (i.e. you have committed a crime). However, just because you drank before you drove, doesn’t mean you are guilty of DUI or DWI. Please visit our DUI & DWI page to understand the difference between driving under the influence and driving while intoxicated.
IMMEDIATELY AFTER THE STOP
Virginia Criminal Defense News
