DUI Defense in Virginia: Your Options
How to Fight Back Against DUI charges
It can be very frightening and intimidating to have a field sobriety test
administered at the roadside, only to be told you failed and are subject
to an arrest. The complex procedures you are put through before, during,
and after the
breath or blood test will require the knowledgeable help of a dedicated legal team.
Law enforcement has strict procedures it must adhere to in making a traffic
stop, in carrying out a DUI investigation and after an arrest. Over-eager
and under-trained officers often violate these procedural rules. Taking
the time to consult with a trusted
Virginia DUI attorney who has successfully defended many before you can help you understand
that there are valid defenses which could be effective in your case.
Your Defense Begins with a Manassas, Virginia DUI Lawyer
Building your defense begins with your first consultation, which is free
with the Law Offices of Michael A. Pignone. Some of the defenses which
could be employed, and points which can be challenged include:
- The officer must have a valid reason for a traffic stop and there must
be proof that you were actually operating the vehicle.
- The officer must have correctly advised you of your rights.
- The prosecutor must follow all procedural rules for the evidence to be
admissible in court.
- Field sobriety tests are often poorly administered and a "pass"
or "fail" can be based purely on the officer's opinion.
The driver may have "failed" because of the road surface, a
physical condition or for other reasons.
- Testing devices are not foolproof. They require maintenance at regular
intervals and can go out of calibration or malfunction, and incorrectly
register that you are above the legal limit. Technicians administering
breath tests also make mistakes.
Effective defense of a DUI charge requires a thorough understanding of
complex and constantly changing laws and legal precedents, the scientific
principles of the testing procedures and devices, and much more. The Virginia
DUI lawyer at the firm has an in-depth working knowledge of the various
types of defenses that could be employed successfully in court, and is
highly motivated to protect your rights.
The first action is a careful review of the details of your case. The details
behind law enforcement pulling you over must be evaluated. What the police
did in the initial questioning after the stop must also be reviewed. You
have rights, and some of these rights are protected under the U.S. Constitution.
If the reason you were initially stopped is an actual rights violation,
any evidence collected after that point can be suppressed. It will require
careful and professional legal work and a pre-trial hearing. Law enforcement
stories about your driving could be vague or the two officers could have
varying accounts of the incident. We need to look over these details on
an immediate basis.
Defense Team Serving Fairfax, Fauquier & Prince William County
It is important to begin working on your defense strategy right away in
order to preserve your driver's license by requesting a DMV hearing
and to pull all available information concerning the prosecution's
case against you.
Call the Law Offices of Michael A. Pignone to discuss the events involved in your DUI case and to get answers to