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DUI Virginia Caroline Misdemeanor

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Shephard v. Commonwealth

Facts:

An officer saw defendant’s car being operated erratically and transmitted that sighting to another city’s officer who arrested defendant for DUI when he was outside his car filling it with gas. The warrantless arrest for DUI was unlawful under § 19.2-81 since the offense, a misdemeanor, was not committed in the arresting officer’s presence. The arrest was supported by probable cause and so it was not unconstitutional. Thus, the exclusionary rule for an unconstitutional arrest did not apply, and the court affirmed the DUI conviction. The remedy for § 19.2-81 violation was not suppression of the arrest itself, at least absent prejudice to defendant. However, defendant was improperly charged with Va. Code Ann. § 18.2-268, refusing to submit to a breath or blood test, since he was not legally under arrest for DUI, since his arrest was in violation of Va. Code Ann. § 19.2-81.

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:
  • Where a defendant’s arrest for driving under the influence is unlawful, as in violation of Va. Code Ann. § 19.2-81, because the misdemeanor offense is not committed in the arresting officer’s presence, when he is read his implied consent rights under the implied consent statute, his refusal does not constitute a violation of that statute, which requires that a defendant have been lawfully arrested to be subject to the statute’s mandate.
  • Where a defendant is arrested for a misdemeanor committed outside an arresting officer’s presence, his warrantless arrest is unlawful, and as a consequence, the result of a Breathalyzer test is inadmissible.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

A Sris
Sris Law Group
1-703-278-0405

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