Monday, April 14, 2014
Virginia DUI Lawyers Prince William Driving Influence Field Sobriety Tests
Virginia DUI
Prince William Lawyers
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.
David v. Commonwealth
Facts:
Defendant sought review of a
judgment from the Court of Appeals of Virginia, which affirmed his conviction in
Prince William for unreasonably refusing to submit to a blood or breath test
after being arrested for driving under the influence (DUI) of alcohol in
violation of Va. Code Ann. § 18.2-268.2.
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:
- A refusal to submit to
field sobriety tests can often be explained in terms of innocent human
behavior. Unlike instances of flight, the use of a false name, or other
acts of deception, a driver refusing to submit to a field sobriety test
has not undertaken affirmative action to deceive or to evade the police.
Moreover, there are numerous innocent reasons why a person may refuse to
engage in tests that are not required by law, including that a person may
be tired, may lack physical dexterity, may have a limited ability to speak
the English language, or simply may be reluctant to submit to subjective
assessments by a police officer. Therefore, we conclude that a defendant's
refusal to submit to field sobriety tests is not evidence of consciousness
of guilt.
- A defendant's refusal to
submit to field sobriety tests may have some relevance in a police
officer's assessment of probable cause to arrest that defendant for
driving under the influence of alcohol. When other facts show a driver's
consumption of alcohol and the discernable effect of such consumption on
the driver's mental or physical state, the driver's refusal to perform
field sobriety tests is circumstantial evidence tending to show the
driver's awareness that his consumption of alcohol would affect his
ability to perform such tests. Accordingly, in determining whether a
police officer had probable cause to arrest a defendant for driving under
the influence of alcohol, a court may consider the driver's refusal to
perform field sobriety tests when such refusal is accompanied by evidence
of the driver's alcohol consumption and its discernable effect on the
driver's mental or physical state.
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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