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Fredericksburg DUI Lawyers

1. Flusche, Andrew: Virginia has some serious traffic offenses. I can help with serious charges like reckless driving and DUI. Virginia DUI Lawyer Defense Tactics virginia_dui_lawyer If you are charged with a Virginia DUI, you need to learn about the offense. And you need to consult with an expert Virginia DUI lawyer. Even if this is your first offense, you are still facing a significant fine, loss of your driverÕs license, and possible jail time. A DUI case involves many legal elements. This summary explains three ways the Commonwealth of Virginia can prove that you were intoxicated. Most cases combine one or more different factors to meet the governmentÕs burden of proof. Pre-stop behavior Erratic driving behavior or unsafe driving is usually the first thing an officer notices about you. While this is normally used to show that the officer had probable cause to make a traffic stop, it can also be used as evidence of intoxication. If the officer (or other witnesses) testify that you were weaving in and out of lanes, driving erratically, or some other odd behavior, it is important to see if there is a way to rebut the testimony. Were you really driving erratically? How is the officer sure it was your vehicle? Was there some reason other than alcohol that explains your behavior? These, and other questions, are points to cover with your attorney. Field sobriety tests (FSTs) Like your driving behavior, field sobriety tests have a dual purpose: determining whether there is probable cause for an arrest and proving that you were intoxicated. What many people donÕt know is that field sobriety tests are not indisputable. Only four tests have been scientifically studied to determine if they actually indicate intoxication: heel to toe, walk and turn, one leg stand, and horizontal gaze nystagmus. Even these tests must be conducted using the same procedures as the studies, or there is no way to know if they are accurate. Depending upon the officerÕs training, what happened at the scene, and the specific tests used, there may be effective ways to cast doubt upon or have the tests excluded from evidence. Breath / blood alcohol test One of the most certain ways for the Commonwealth to prove your intoxication is with an approved breath or blood alcohol analysis. But these tests are not perfect. There are a number of factors to scrutinize closely and examine at trial, such as: * Testing procedures Š Each alcohol testing method must comply with specific procedures set forth by the Virginia Department of Forensic Science. If these procedures are not done correctly, it can call into doubt (or even invalidate) the results of the alcohol test. * Licensing Š The breath test operator must be properly trained and licensed. Licensing problems can invalidate the breath test certificate. * Certificate errors Š The actual certificate of breath alcohol analysis can be entered as evidence of your intoxication, but only if it is accurate. Errors on the face of the certificate might get it excluded from your trial. If the Commonwealth successfully introduces evidence of your blood or breath alcohol content, that does not automatically mean you were intoxicated. It simply means that the Commonwealth is entitled to the presumption that you were intoxicated. Your attorney can rebut (dispute) the presumption if there is affirmative evidence that you were not intoxicated at the time.
2. Carl Muzi: Have you recently been charged with a DUI? One of the most important decisions you face right now is choosing an experienced, aggressive trial attorney capable of achieving the best possible results for your DUI case.
3. Vernon Keeve: Never go into a courtroom alone! Go in with the support and representation of a qualified and dedicated professional who can offer you guidance and answer your questions every step of the way.
4. Robert Deaderick: Why you need an experienced DUI lawyer * To determine if police officers had proper grounds on which to stop you * To determine if your breath alcohol content or blood alcohol level can be contested * To determine if your field sobriety test was properly conducted * To determine if your field sobriety test results were properly interpreted * To negotiate with prosecutors to help you keep your driver's license, reduce the charges or minimize a sentence * To interact with the Virginia Alcohol Safety Action Program (VASAP) on probation or treatment matters * To defend you in court
5. Michael George: From minor infractions like speeding to major felonies such as murder or drug distribution.
6. Kenneth Mergenthal: There is no other way to say it: Serious traffic violations are criminal offenses. If you are not worried because ŅitÕs just a traffic ticket,Ó you should know that serious traffic offenses can lead to jail time, as well as substantial monetary fines. That isnÕt all you have to worry about: a conviction of a serious traffic offense will result in a substantial increase in your motor vehicle insurance premium. The increased premium will stay with you for a number of years, and, in some cases, your coverage may be cancelled completely. It is easy to see how a single mistake, or a lapse in judgment, can continue to haunt a person for years. The situation is even worse for drivers convicted of alcohol-related driving offenses. Virginia imposes harsh punishments on people convicted of DUI/DWI. In addition to any fines you may be ordered to pay, or jail time you may be ordered to serve, your driverÕs license may be suspended for one year, even for a first offense. Not only will you have to deal with the inconvenience of not having your own transportation at your disposal, but you will have the added embarrassment of having to ask family or friends for rides when you need them. The punishments get even more severe for repeat offenders. You will be sentenced to prison time for your second or third DUI/DWI offense. In addition to the punishments provided by law, many insurance companies will drop your motor vehicle coverage based on a DUI/DWI. Those companies that will insure you will only do so at a greatly increased premium. It is easy to see how important it is to protect your rights and have a lawyer that can fight to help you avoid the stigma and punishment that comes with a traffic or DUI/DWI conviction.
7. Timothy Wall: Non-Resident Violator Compact - Virginia and most other states and parts of Canada have joined together under the Non-Resident Violator Compact. A license suspension or serious ticket in any member state equals a ticket or loss of license in ALL 44 member states. Nonmembers as of January 1996 are: Alaska, Arizona, California, Hawaii, Michigan, Montana, Oregon, Puerto Rico, Washington, and Wisconsin. If your license is suspended in Virginia, you cannot obtain a license in any of the member states until your Virginia driving privileges are restored. If you fail to pay a ticket in Virginia, your driverÕs license in Virginia will be suspended. It is unlikely that you will be able obtain or renew your license in your home state until you have resolved the ticket in Virginia and had your driving privileges restored here. Most states also exchange information under the National Driver License Compact for serious violations such as DUIÕs and suspended license due to unpaid tickets in Virginia. This means that these violations will be charged against your license in your home state. In some states, even less serious out-of-state traffic violations are charged against your license.
8. Vernon Keeve: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.