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5/3/2010
Bob Battle
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DUI Defense Arguments that Could Help You Beat Your DUI Charges

If you have recently been charged with a Virginia DUI, there are a number of ways that an expert Virginia DUI defense attorney can potentially argue the charges against you.

Invalid Stop

An officer must have reasonable suspicion to stop you while driving your vehicle. But many arguments for reasonable suspicion are riddled with legal loopholes. If your DUI attorney can prove that that an officer did not have reasonable suspicion to stop your vehicle, then evidence may be excluded that could have been used to convict you at trial. This could result in a complete dismissal of your DUI charges.

Invalid Arrest

To make an arrest an officer must first have proof of probable cause. Without such proof, an officer has no right to make an arrest. If your DUI attorney successfully convinces a judge that your arrest was invalid, any evidence the police obtained after your arrest cannot be used against you.

This means that any breath tests, blood tests, or testimonies obtained after your DUI arrest cannot be used to determine probable cause, which may result in a dismissal of your DUI charges.

Blood and breath tests

There are various discrepancies with blood and breath tests that an attorney can argue during your DUI trial. For instance, problems with breathalyzers have often been used to defeat a DUI charge. These machines can break, malfunction, be poorly calibrated, or give an improper reading. The same thing goes for any machine that is used to test blood alcohol content.

With a strong enough argument, and a solid knowledge of Virginia DUI laws, an experienced Virginia DUI defense attorney may be able to reduce or eliminate your DUI charges.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for details on how you can get your Virginia DUI charges dismissed

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.



Category: DUI Defense for Drivers in Virginia



Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.
  • If you want to try to get your license back, you have less than 5 days to hire a lawyer.
  • Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense
Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 
  • Who is going to be my lawyer at trial?
  • What are his/her qualifications?
  • Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
  • Are they a former prosecutor?
  • Where did they prosecute?
Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!



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