Why Alcohol DUI's Are Worse Than Anything That You Have Ever Seen

If the court finds that a void arrest was made that resulted in the charges being filed, a Virginia DUI charge might be dismissed. A traffic stop can be made merely because the officer has sensible suspicion that you were doing something illegal. However, with a traffic arrest, especially for a Virginia DUI charge, the officer should have probable cause to actually jail you.

When your charges for a Virginia DUI develop from a believed invalid arrest you should be able to show that there was insufficient evidence generated prior to the arrest to enable that arrest in the very first place. When you are apprehended for DUI the scenarios and proof that manifested prior to your arrest are what the court will take into account. The jailing officer should have had likely cause to detain you prior to doing so. Simply reasonable suspicion that you were intoxicated at the time of the invalid arrest is insufficient to validate the actual arrest, even if later testing shows it.

If your lawyer is able to reduce the evidence obtained after your DUI arrest based upon a void arrest, the court will not be able to think about any evidence gotten after your invalid arrest was made. This suggests blood and alcohol tests administered back at the police station are void as evidence, even if they are found to prove you were above the legal limit.

In many Virginia DUI cases the district attorney will argue that their burden to reveal a valid arrest is just likely cause. Probable cause for an arrest is a lesser standard than proof beyond a reasonable doubt. This is also the exact same standard of evidence as in a civil trial, indicating that if this was a civil case and the prosecution presented proof of whatever leading to the arrest, the Commonwealth of Virginia would have proved that it was likely the implicated was guilty of a DUI.

However, the point is that although the burden of evidence is less strict than proving your guilt beyond a reasonable doubt, the Commonwealth's problem to show an arrest by a preponderance of the proof is still a substantial burden to satisfy. Essentially, if there is no possible cause for the arrest, it is a void arrest and may result in your DUI charges being dismissed.

Proving that a law enforcement officer did not have possible cause to jail you for Virginia DUI can be challenging to do on your own. You ought to talk to a professional Virginia DUI defense attorney to discuss your case and identify your best DUI defense technique. If your charges resulted from an invalid arrest and build your defense around that point if suitable, your lawyer will be able to determine.

Remember, when in doubt - talk to an experienced Virginia DUI defense lawyer. You owe it to your criminal and driving records to get the assistance you deserve! There is no Click here for info time to squander if you have been detained for DUI in Virginia! If you wish to try to get your license back, you have less than 5 days to employ a lawyer. Your trial date is often less than 2 months from the date you were charged and, thus, waiting simply 2 week to hire a lawyer could severely handicap your DUI defense.