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Three Ways to Fight Your Virginia DUI Charge

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Despite what you may think, there are a number of ways for you to fight and beat your Virginia DUI charge. Choosing a qualified Virginia DUI attorney however will be the key to your defense. An experienced Virginia DUI defense attorney should know the ins-and-outs of Virginia DUI law, as well as the dozens of invalid arrest defenses that may be used depending on the circumstances of your case.

3 Common Examples of Invalid Stop Defenses

Virginia DUI Defense #1: Weaving within the Lane

If you were initially stopped by the arresting officer for "weaving within the lane," your Virginia DUI defense attorney can argue that the stop was based on subjective grounds at best. What amount of weaving and over what distance are grounds for a traffic stop? The law does not specify this, and therefore, this may not have been reasonable cause for your traffic stop.

Virginia DUI Defense #2: Changing lanes without a signal

In Virginia, a driver is only required to signal if there are other vehicles around. If you were stopped at night on an empty road for your failure to use your signal, then a judge may find it necessary to dismiss your DUI case.

Virginia DUI Defense #3: Anonymous tip from a citizen

In order for an anonymous tip from a citizen to be deemed reasonable suspicion, an officer must first learn: 

  • who the caller is;
  • how they obtained their knowledge; and
  • what exactly lead them to believe to you were driving while intoxicated.  

If these 3 questions were not answered, then the anonymous tip may not have been legally obtained.

Learn more about invalid traffic stops and how they may affect your Virginia DUI case by visiting our article library. 

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.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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