59 Things You Should Know About Your DUI Case
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Fairfax VA, Loudoun VA, Manassas VA, Prince William County VA, Fauquier County VA, Warrenton VA
5 things the prosecuting attorney does not want you to know:
1. The initial stop of your vehicle may have violated your constitutional rights.
2. The roadside testing procedures may have been flawed.
3. You may have been arrested without probable cause.
4. You may have been arrested illegally.
5. The breath test machine is not 100% reliable or accurate.
5 facts that must be proved before you can be found guilty:
1. You were driving or operating a motor vehicle.
2. You were doing so in the jurisdiction where you were charged.
3. You were stopped by the police for a constitutionally valid reason.
4. You were arrested based upon probable cause.
5. You were either actually under the influence of alcohol, or your blood alcohol concentration was .08 or more.
3 things you can do to preserve your ability to drive:
1. You can ask the court to review the seven day administrative license suspension during the suspension period.
2. If you are found guilty, you can ask the Court issue you a restricted license allowing you to continue to drive for school, work and other limited purposes.
3. If this is a second or subsequent offense, or if your BAC was high, you can go ahead and enroll in VASAP prior to your trial date. In some cases, this has helped me negotiate a more favorable resolution of the case.
10 things your attorney must ask you about:
1. Your itinerary prior to your arrest.
2. Your consumption of alcoholic beverages, including how much, when and where.
3. Your interaction with the officer.
4. The officer's stated reasons for stopping you.
5. How the roadside tests were administered.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. The results of any breath or blood tests.
9. Possible witnesses to your stop, roadside tests and arrest.
10. The 20 minute observation period prior to the breath test.
What are the 4 items crucial to your defense?
1. A thorough investigation of the facts.
2. A sound understanding of the law.
3. Vigorous cross-examination.
4. An attorney with experience and training in DUI defense.
What are 4 things your attorney must do to gather documents to prepare for trial?
1. Obtain a copy of the criminal complaint.
2. Request a copy of the certificate of analysis.
3. Obtain maintenance records for the breath testing machine used.
4. File appropriate motions with the court.
Can I have a jury trial?
There are no jury trials in either the General District Court or the Juvenile and Domestic Relations District Court in Virginia. All trials in those courts are conducted before a judge.
If you are found guilty in either of those courts you have the automatic right to appeal the case to the Circuit Court for a new trial. At this new trial in the Circuit Court you have the right to insist on a jury trial, as does the Commonwealth and the judge.
Why a jury trial is advisable:
Seven people have to agree on your guilt instead of one.
4 ways the arresting officer's testimony can be discredited:
1. Inconsistent statements.
2. Failure to recollect specific facts about your case.
3. Failure to follow proper procedures for the administration of roadside tests.
4. Failure to follow proper procedures for administration of the breath test.
6 requirements which must be met for roadside and chemical tests to be used against you:
1. The officer must have had a reasonable suspicion that you were violating the law when he initially detained you.
2. The officer must have administered only approved and standardized roadside sobriety tests.
3. The officer must have followed proper procedures when administering roadside sobriety tests.
4. The officer must have had probable cause to believe you were violating the law when you were arrested.
5. The officer must have arrested you within 3 hours of the offense.
6. The officer must have followed proper procedures for the administration of the breath test.
What 5 preliminary motions should be considered, and the danger to you if they aren't.
1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and/or seizure.
3. Motion to suppress statements for failing to give Miranda rights.
4. Motion for Discovery.
5. Motion for disclosure of exculpatory evidence.
If these motions are not considered in all cases . . . and filed in the appropriate cases . . . your case may not be dismissed when it should have been, you may lose the opportunity to have evidence excluded, and you may not be told about evidence which would help prove your innocence.
5 defense tactics to pursue with pre-trial motions:
1. Contest the constitutionality of the initial stop of your vehicle.
2. Contest the roadside tests which were administered.
3. Contest the manner in which roadside tests were administered.
4. Contest the constitutionality of your arrest.
5. Contest the admissibility of statements you made when you may have been in custody if you were not read your Miranda rights.
What 3 things do you need to know before deciding whether to go to trial or pursue a plea bargain?
1. An understanding of the strengths and weaknesses of the prosecution's case.
2. An understanding of the strengths and weaknesses of the your defense.
3. The impact a conviction may have on you.
What effect will this DUI have on my license?
If you are found guilty of driving while under the influence of alcohol or drugs (DUI/DWI) your license/privilege to drive in Virginia will be suspended for one year for a first offense and for at least 3 years for subsequent offenses.
WILL I BE ABLE TO DRIVE FOR WORK OR SCHOOL?
It depends on the facts and circumstances of your case. If you are found guilty of a first offense you may immediately request a restricted license to drive for school, work and other limited purposes. If you are found guilty of a second or subsequent offense you must wait some period of time before you are eligible to request a restricted license.
HOW LONG MUST I WAIT BEFORE REQUESTING A RESTRICTED LICENSE AFTER SECOND OR SUBSEQUENT OFFENCES?
You must wait four months after a second offense within five to ten years; one year for a second offense within 5 years; and three years for a third or subsequent offense within 10 years.
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Avoid Being Stopped
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