Wednesday, October 29, 2014

Virginia Beach DUI Lawyers Traffic Breath Test Arrest Third Offense

Virginia Beach Drunk Driving Lawyers

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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Fisher v. Commonwealth

Facts:

After the Circuit Court of Virginia Beach, 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, under 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.
  • The function of the preliminary breath test under Va. Code Ann. § 18.2-267 is to provide an independent means to determine and resolve questions concerning probable cause, but it does not supplant other methods for a police officer to determine probable cause. Under § 18.2-267(D), an officer may charge an individual with driving under the influence whenever the breath sample analysis indicates that alcohol is present in the person's blood. Va. Code Ann. § 18.2-266 prohibits a person from driving or operating a motor vehicle while such person is under the influence of alcohol.

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:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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