A good Virginia DUI attorney should know all of the arguments available to beat your Virginia DUI. While all individual DUI cases will vary, below are a few examples of some possible DUI defenses that may or may not apply to your circumstances. For more specific information about what DUI defense may work in your case, contact Virginia DUI defense attorney Bob Battle.
A strong argument that your attorney can make is that of an invalid stop. There are several ways that an invalid stop can result in your DUI charge being dismissed. This is because an officer must first have reasonable suspicion to stop you for an offense. If an officer did not have reasonable suspicion of a criminal or traffic offense, then stopping you was an illegal procedure, and your charge must be dismissed.
Weaving Within the Lane
An officer's observation of weaving within the lane is at best a subjective testimony. What amount of weaving, and over what distance makes a case for reasonable suspicion? There is no clear-cut answer to these questions. A Virginia DUI attorney who has done their homework and is familiar with Virginia DUI laws and appellate court decisions will be prepared to raise questions about the validity of your being stopped for "weaving" in the lane.
Changing Lanes Without a Signal
Virginia statutes clearly state that a driver must use their traffic signal if there is other traffic nearby. Therefore, failing to signal on an empty road is not reasonable suspicion for a stop.
An Anonymous Tip From a Citizen
An anonymous tip from a citizen isn't proof of a Virginia DUI. In fact, Virginia law requires that before an officer can make a stop based on an anonymous tip, he must first:
- Verify who the caller is
- Learn how the caller obtained their knowledge
- And learn what exactly lead the caller to believe that someone is driving while intoxicated
A failure to meet all of these requirements is grounds for an invalid stop.
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