How Can The Case Be Proven?

Tue, 29 May 2007 21:19:00 GMT

Generally, prosecutors prove a DUI case under three methods. The first and easiest method for the Prosecutor to convict a person is by showing that the Defendant's blood alcohol level was a .08 or more. (This is usually done by a breath test). Under this "per se" method, if the breath test reveals a blood alcohol content of 0.08 or more, then the prosecutor need not prove anything else. The person is, by law, considered guilty of DUI. Simply stated, at that point, instead of being innocent until proven guilty, the Defendant is presumed guilty and must then prove his innocence. The other method is used if there is no breath test or other chemical evidence. The prosecutor must prove that the person is guilty by showing that the Defendant was "under the influence" of alcohol or drugs. As stated in the introduction, the prosecutor will use driving behavior and the field sobriety tests to establish that the Defendant was under the influence.

After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?

Tue, 29 May 2007 21:19:00 GMT

Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a crime. In other words, the police officer must be able to state objective facts as to why he pulled the Defendant over and why he subsequently determined that the Defendant may be intoxicated. The police are taught that there are a number of symptoms normally found to exist in intoxicated people. These are, among others, red, watery or glassy or blood shot eyes, the odor of alcohol on the breath, slurred speech, staggering, swaying or other lack of coordination when looking for a license, registration or when exiting the vehicle, disorientation and inability to comprehend or follow instructions.

Are Radar Detectors Illegal?

Tue, 29 May 2007 21:19:00 GMT

RADAR detectors are prohibited but may be transported with no power source and not accessible to passenger compartment. Mobile scanners are permitted.

Are There Defenses To Driving On A Suspended License?

Mon, 04 Jun 2007 21:51:22 GMT

There are two basic defenses to Driving on Suspended: (1) Did the police officer have the right to stop the motorist; and (2) did the driver know he was suspended. It is not a defense for one to get their license reinstated before the trial date but this is a very good idea.

Can A Speeding Charge Be Defended?

Tue, 29 May 2007 21:19:00 GMT

To prove a speeding case, the prosecutor will try to prove the speed of a driver by introducing evidence of a radar result or a pace. A radar is a machine that uses radio, microwave, or laser signals to detect the speed of a moving object. A pace is a tool whereby a police officer will drive behind a targeted driver and simply look at his own speedometer. Certainly, the radar method is more accurate than the pace method. A cornerstone defense to both of these methods is to challenge the calibration (accuracy) of the radar or speedometer and of any tuning forks used to calibrate the devices. A defense attorney will first try to win the case on the facts. If it appears that the case may be lost at trial, he will try to negotiate it down to a lower speed. The reduced charge may result in lower fines and fewer points.

Can I Represent Myself? What Can A Lawyer Do For Me?

Tue, 29 May 2007 21:19:00 GMT

Anyone can represent themselves in court, but DUI law is very complicated and the punishments are severe. DUI statutes take up 42 pages of the Virginia Code. Conversely, the statute making it illegal to murder someone is only one sentence long.

Do I Have A Choice Of Blood Alcohol Level Tests?

Tue, 29 May 2007 21:19:00 GMT

At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is used merely to show a person has alcohol in their system. Because of its inaccuracy, it is inadmissible in a trial; it merely shows probable cause for the arrest. When the person is taken back to the station for the "official" test they are usually only offered a breath test. Recently, the breath test was established by the Virginia General Assembly as the main test. Thus, the defendant does not have a choice of tests. He must take the breath test. However, if a breath test is not readily available or practical, the blood test shall be offered.

Do I Have The Right To See The Vascar Reading?

Tue, 29 May 2007 21:19:00 GMT

The officer is required by law to show the offending driver the reading on the VASCAR unit.

Do I Have To Take A Breath Test Or Any Other Chemical Test?

Mon, 04 Jun 2007 21:51:22 GMT

Simply stated, no. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give the police any evidence that can or will be used against you. However, the "implied consent law" in Virginia states that, as a condition being given the privilege to drive in Virginia, you are required to take a chemical test if there is probable cause to believe that you were driving under the influence of alcohol or drugs. Thus, if a suspect refuses the chemical test, and the refusal is "unreasonable," the suspect will lose his driving privileges in Virginia for the civil offense of "Refusing to Submit." At the trial, the person will usually be charged with both DUI and Refusal to Submit. The prosecutor will have to prove the DUI without the use of the chemical evidence (albeit, they can tell the judge or jury that the reason they do not have the chemical evidence is that the defendant refused). This obviously is an advantage for the defendant. However, the defendant will be faced with the probable loss of his driving privileges for one year. The Courts do not give restricted driving privileges in Refusal cases.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft No
Laser *Yes
*Virginia State Police can use laser.
County and local police cannot.

How Can I Obtain A Copy Of My Dmv Record?

Tue, 29 May 2007 21:19:00 GMT

By visiting any DMV branch office, or by requesting one online at http://www.dmv.state.va.us

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Does The Department Of Motor Vehicles Assign Demerit Points To Traffic Offenses?

Tue, 29 May 2007 21:19:00 GMT

Almost all traffic offenses carry demerit points which are assessed by the Department of Motor Vehicles. Certain nonmoving offenses are excluded from the demerit system. The amount of points which a conviction carries depends upon the nature of the offense. The system assigns either 3, 4 or 6 points to each conviction. The Department of Motor Vehicles tracks the number of points an individual receives. Based upon the number of points and the amount of time in which the person accumulates the points, the DMV can take administrative action against the person licensed ranging from an advisory letter to suspension of the privilege to drive. Insurance companies also closely review each person's driving record when determining the premium to charge for insurance. Even if you are not in jeopardy of administrative difficulties with DMV each traffic conviction will likely have some impact upon you.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
The BAC level is .08%.
Firearms are permitted in the vehicle but must be in plain view. Concealed weapons are prohibited.
Studded tires are prohibited.
Tire chains are not required unless posted otherwise.
The officer is required by law to show the cited driver the reading on the Laser reading.
The officer must be in uniform when issuing a speeding ticket.
Virginia has a seat belt law with secondary enforcement for all front seat occupants.
Virginia has a mandatory child restraint law for passengers under 16 years of age. Children under the age of 4 must use approved car safety seats.
Virginia has a mandatory motorcycle helmet law.
Registration must be carried in the vehicle. Insurance card is not required to be carried in the vehicle.

What Are The Charge For Driving Which Causes An Accident?

Mon, 04 Jun 2007 21:51:22 GMT

There is really not traffic offense called an "accident." Instead, one is charged with driving behavior that may have led to an accident. The most common accidentrelated traffic offenses are Following Too Closely or Failure to Yield a Right of Way. Usually, there are no witnesses to an accident other than the parties involved in the collision. Therefore, trials are very common as the parties may have different ideas as to how the accident occurred. Most convictions in this category result in a very small fine. However, in some cases, the traffic trial could be used against an individual in a subsequent civil traffic trial to determine fault and damages. Therefore, it is wise to retain an attorney for the traffic case.

What Are The Penalties For Driving On A Suspended License?

Tue, 29 May 2007 21:19:00 GMT

The maximum penalty for a first offense is a jail sentence of 6 months, a $1,000 fine, and a license suspension for the same period for which it had been previously suspended (or up to 90 days if the suspension was indefinite). Most people who are convicted of a first offense get a license suspension and/or a short jail sentence.

What Are The Penalties For Reckless Driving?

Tue, 29 May 2007 21:19:00 GMT

Since the maximum penalty for Reckless driving is one year in jail, a $2,500 fine, a six month suspension of driving privileges, and 6 demerit driving record points, this charge must be taken very seriously. The most common penalty for most Reckless Driving convictions, involving a driver with a very good record and relatively mild driving behavior, is a $75 fine. However, a driver can expect a license suspension for speeding more that 20 miles per hour over the speed limit and can expect a jail sentence for speeds over 90 miles per hour! Moreover, a bad driving record will almost always enhance a penalty.

What Are The Penalties For Subsequent Offenses?

Tue, 29 May 2007 21:19:00 GMT

The Virginia Code also sets forth a number of more severe punishments for second and third offenses. Second offenses, upon conviction, result in a mandatory jail sentence and a three year license suspension. Third offenses are felonies. In order to get these more severe enhanced penalties, the Prosecutor is required to provide certified copies of prior convictions.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Financial responsibility law. Securitytype law applicable in the event of an accident causing death, personal injury, or property damage exceeding $750. Minimum limits: $25,000/50,000/20,000. Uninsured motorist insurance is required.

What Are The Speed Limits In Virginia?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 65 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 25 mph

What Are The Unique Speeding Laws In Virginia?

Tue, 29 May 2007 21:19:00 GMT

Virginia law requires newly lowered speed limits to be conspicuously marked.

What Do Police Officers Look For While Searching For Drunk Drivers On The Highway?

Tue, 29 May 2007 21:19:00 GMT

According to research by the National Highway Traffic Administration, police officers look for drunk drivers based on the following:

making a wide radius turn;
straddling the center lane marker;
"appearing" to be drunk;
almost striking an object or vehicle;
weaving;
a designated highway where many drivers are suspected to be drunk;
swerving;
speed at more than 10 miles per hour below the speed limit;
stopping without cause in a traffic lane;
following too closely;
drifting;
tires on center lane marker;
braking erratically;
driving into opposing lanes or across traffic;
signaling inconsistent driving action;
slow response to traffic signals;
stopping inappropriately;
turning abruptly or illegally;
accelerating or decelerating rapidly;
headlights off.

These elements are very important because, according to the Unites States Constitution, a person cannot be stopped or searched without a reason. The police must have a reason to stop the person and if they are to investigate for DUI must show that they had a reason to believe the person may be intoxicated.

What If The Police Officer Failed To Read Me My Rights?

Mon, 21 Apr 2008 17:33:51 GMT

There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to an attorney. . .") the case will be dismissed. The Miranda warning only affects the admissibility of statements made by an accused after the person is arrested. For example, if a person is pulled over because his tail lights are not working and he blurts out to the police officer, "I'm drunk as a skunk and I never should have been driving!", this can be used against the person because the person was neither arrested nor in custody. However, if the person is in handcuffs and, answering the officer's questions says, "I was drunk as a skunk and never should have been driving", the police cannot use this statement unless they have read the person their rights.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Driving On A Suspended License?

Tue, 29 May 2007 21:19:00 GMT

It is unlawful to drive in Virginia if one's license is suspended. This is taken very seriously in this state and, in many cases, a conviction will result in jail. In most cases, one's license is suspended for failure to pay fines from another traffic ticket.

What Is Reckless Driving?

Tue, 29 May 2007 21:19:00 GMT

There are actually 13 different Reckless Driving statutes. They include: "general recklessness," "loss of control," driving with improperly adjusted brakes, passing on a hill or around a corner, driving with an obstructed view, passing two vehicles abreast, driving two vehicles abreast in a single lane, passing at a railroad crossing, passing a stopped school bus, failing to give proper signals, driving too fast for traffic conditions, exceeding the speed limit, failure to yield right of way, or driving "recklessly" on parking lots. Each Reckless Driving statute must be uniquely defended. For example, under the section that makes it Reckless Driving to pass a school bus, the prosecutor must prove that (1) the driver failed to stop and remain stopped when approaching a school bus; and (2) that the school bus was in fact a school bus and was in the process of loading or unloading passengers. Under the section that makes it Reckless Driving to drive with improperly adjusted brakes, the prosecutor must prove that (1) the driver was not in control or had inadequate or improperly adjusted brakes; and (2) drove on the streets of Virginia. As one can see, the elements of each type of Reckless Driving can be substantially different and require different defenses. The most common Reckless Driving statutes used in Virginia are the "general" statute, the "speeding" statute, and the school bus statute. The defense of the "general" statute is very fact intensive. The prosecution must prove that (1) the driver drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) drives "recklessly" a disregard by the driver for the consequences of his act and an indifference to the safety of life, limb, or property. Every one of these cases are different.

What Is The Definition Of Dui?

Tue, 29 May 2007 21:19:00 GMT

DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has a blood alcohol concentration of .08% or more . . . . or while such person is under the influence of alcohol, or such person is under the influence of any narcotic drug or any other self administered intoxicant." In English, this means that a person can be found guilty of driving while intoxicated if (a) their blood alcohol level when they were driving was .08 or more, as determined by a chemical test (this is called a "per se" statute), or (b) if the person is proven to be under the influence of alcohol or under the influence of drugs (this is called a presumption statute).

What Is The Difference Between Dwi And Dui?

Tue, 29 May 2007 21:19:00 GMT

Driving while intoxicated (DWI) and driving under the influence (DUI) in some states are separate offenses. Generally, DWI is the more serious offense involving a person who is under a greater amount of intoxication. DUI usually refers to a person who is driving under a low or moderate amount of intoxication. Another approach is separating these offenses by the procedure used to convict someone. For example, sometimes the term DWI is used to refer to a "per se" statutory test. A per se law states that if a person is driving and tests at a .08 blood alcohol level, he is automatically guilty. A DUI would refer to a "presumption" test. A presumption law states that if a person is driving and tests at a .08 blood alcohol level, he is presumed to be intoxicated. Under this test, the Defendant can present evidence to overcome that presumption (i.e. he may have tested at .08, but his coordination was so good that he was not intoxicated). However, in Virginia, no distinction between DUI and DWI is made.

What Is The Legal Definition Of "reckless Driving"?

Tue, 29 May 2007 21:19:00 GMT

Although speeding more than 19 mph over the posted limit is considered "reckless driving," any speed over 80 mph is considered reckless. Thus on highways with 65 mph speed limits, you will be cited with reckless driving at only 15 mph over the posted speed limit. State troopers are motivated to make a special effort to give "reckless driving" citations since they get more credit for them than for routine speeding tickets.

What Is The Punishment For Drunk Driving?

Tue, 29 May 2007 21:19:00 GMT

In Virginia, a DUI is a Class 1 misdemeanor. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges for one year. Generally, firsttime offenders with blood alcohol levels below 0.12, who did not cause an accident, will not go to jail. Instead, the Judge will usually suspend all of the jail time he orders. This means that he will order a Defendant to serve some time (usually 30 days) in jail but, assuming the Defendant maintains generally good behavior and obeys all court orders for one year, he will not have to actually sit in jail. Thus, the sentence becomes unsupervised probation. The usual fine for a DUI is $300. Additionally, all persons convicted of DUI are, by law, required to lose their driving privileges for one year. The Judge no longer has discretion over this punishment. However, he may order restricted driving privileges which would allow one to drive to and from work. And, all persons convicted of DUI must enter the Virginia Alcohol Safety Action Program (VASAP), a drunk driving program. This program costs $300. Of course, since every Judge is different, the punishments could vary dramatically. However, the above punishment seems to be the most common. Whenever one is convicted of DUI with a blood alcohol level of 0.20 or more, the law requires a mandatory jail sentence. This is true even for first offenses.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

All accidents must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding *
Parking *
Equipment *
DWI *
*All cases may be appealed to a jury trial.

Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?

Tue, 29 May 2007 21:19:00 GMT

Recently, Virginia began suspending DUI suspect's licenses for 7 days following their initial arrest. When this law first went into effect, there were many legal challenges arguing that if a person is presumed innocent until proven guilty, it is improper to punish the person by taking his license for 7 days. However, the law is now settled. The Virginia Supreme Court has held that the 7 day license suspension is necessary for the protection of the public and, therefore, not a punishment.