Friday, April 25, 2014
Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266
Virginia Traffic
DUI Lawyers Fairfax
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Donald v. Commonwealth
Facts:
After the Circuit Court of Fairfax,
Virginia denied his motion to suppress, defendant entered a conditional guilty
plea of driving under the influence (DUI), third or subsequent offense within
10 years, in violation of Va. Code § 18.2-266. He then appealed, contending the
trial court erred finding at the suppression hearing that the result of a
preliminary breath test (PBT) was admissible and that probable cause existed to
arrest him.
If you are facing a traffic case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Under Va. Code Ann. §
18.2-267, any person suspected by a police officer of driving under the
influence is entitled to a preliminary breath test (PBT), and the officer
must advise the suspect of his rights. If the PBT reveals that alcohol is
present in the suspect's blood, the officer may arrest the suspect for
driving under the influence, but the result of the PBT is not admissible
at trial to prove the suspect's guilt. However, the results of the
preliminary breath test may be admitted into evidence at a pretrial
probable cause or suppression hearing. This is so because the legislature
has recognized that a preliminary breath test is reasonably trustworthy to
show that a person has consumed alcohol for purposes of determining
whether probable cause exists to make an arrest.
- Probable cause exists
when the facts and circumstances within the officer's knowledge, and of
which he has reasonably trustworthy information, alone are sufficient to
warrant a person of reasonable caution to believe that an offense has been
or is being committed. By providing in Va. Code Ann § 18.2-267 that the
officer may charge an individual with driving while intoxicated on the
basis of the results of a preliminary breath test, the legislature has
recognized that this test is reasonably trustworthy to show that a person
has consumed alcohol for purposes of determining whether probable cause
exists to make an arrest.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
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Our Phone #
Virginia | |
Fairfax County | 703-278-0405 |
Prince William County | 703-278-0405 |
Loudoun County | 703-278-0405 |
Fredericksburg | 703-278-0405 |
Richmond | 804-201-9009 |
Virginia beach | 757-512-5002 |
Lynchburg | 434-509-4004 |
Maryland | |
Rockville | 240-399-0304 |
Baltimore | 240-399-0304 |
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