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Invalid Stop as a Legal Defense in a Virginia DUI Case (Part A)

If you choose to fight your Virginia DUI charge, you will need an experienced Virginia DUI defense attorney; one who will do their best to build a winning DUI defense. An experienced attorney will know the issues involved with a Virginia DUI and how to question evidence in order to help you beat or reduce your Virginia DUI charge.

One popular argument for DUI defense is that of an invalid stop. This is when an officer has stopped your car without having a legal reason for doing so. In such a case, you may be able to have your Virginia DUI charge dismissed.

Below are 4 examples of invalid stops, which a Virginia DUI defense attorney may use, depending on the specific circumstances of your DUI arrest.

The Arresting Officer did not have "Reasonable Suspicion" for the Stop

According to the United States Supreme Court, a police officer must reasonably suspect a criminal or traffic offense in order to stop your vehicle. If an officer stopped your vehicle without reasonable suspicion, by law, the Virginia DUI charge must be dismissed. If your Virginia DUI defense attorney can prove that the arresting officer did not have "reasonable suspicion" to pull you over in the first place, then a judge will have no choice other than to throw out your DUI case.

The Reason for the Traffic Stop Was "Weaving Within the Lane"

To have seen a car "weaving within a lane" is a pretty subjective argument. What amount of weaving, and over what distance makes it grounds for a traffic stop? In some states, such as Louisiana, for instance, it has been ruled that weaving within the lane is never grounds for a traffic stop. And while a Virginia DUI court has ruled in the past that an officer's testimony of weaving was sufficient, an attorney can argue that "weaving" could merely be a matter of moving inches from the middle of the lane.

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