Are Drunk Drivers Automatically Guilty in Loudoun County?
No. The state must prove every element of a DUI, and not just the “under the influence” element, beyond any reasonable doubt. The “driving” element is usually very hard to prove, especially in more serious DUI collision cases. Additionally, during their investigations, police officers must closely follow all the rules and not take shortcuts. More on these things below.
So, instead of focusing solely on intoxication, or lack thereof, a good Virginia DUI defense lawyer focuses on all aspects of a DUI case. If the evidence is weak in any area, the judge could throw the matter out of court during a pretrial hearing. Alternatively, such a weakness could force prosecutors to agree to a greatly-reduced sentence, making a DUI conviction much easier for everyone to swallow.
Driving the Vehicle
This major element of a DUI is almost impossible to establish in enhanced DUI-collision cases. As a result, a Leesburg criminal defense lawyer is almost always able to obtain a successful resolution in these cases.
The state must prove every element of the offense beyond any reasonable doubt. Despite the high level of proof, the “driving” portion of a DUI is often a formality. According to Virginia law, anyone in the front seat who has the keys to a drivable vehicle is “driving” that vehicle, even if the defendant was unconscious at the time.
But the broad law isn’t what makes this point easy to prove. Instead, a police officer, which is essentially an expert witness, saw the defendant behind the wheel and can therefore testify to that fact.
But what happens if the officer arrived at the scene after a collision and all drivers have exited their vehicles? Then, things get complicated.
Most likely, prosecutors will use the driver of the other vehicle to “wheel” the defendant. However, this witness may not have had a clear look at the other driver, especially at night. Furthermore, a Leesburg criminal defense lawyer can often undermine the testimony of a non-expert witness.
Defendants must remain silent during any investigation. If they admit to a police officer or anyone else they were driving the vehicle, all bets are probably off.
Procedural Defenses
An illegal stop and a jurisdictional issue with the arrest are the most common DUI procedural defenses in Northern Virginia.
Officers must have reasonable suspicion to detain suspects. Reasonable suspicion is an evidence-supported hunch, not a hunch supported by evidence. If Officer Tom pulls over Jim for speeding, that’s a clean stop. But if Officer Tom follows Jim for a few blocks because he doesn’t “look right” and pulls him over when he speeds, that’s an illegal profiling stop.
These cart-before-the-horse profiling stops are especially common if the arresting officer was on DUI patrol or another specialized duty.
An illegal DUI roadblock might be an issue as well. Police officers don’t need reasonable suspicion to detain motorists at roadblocks. However, the checkpoint must meet other legal requirements, such as:
- Adequate pre-checkpoint publicity,
- Sufficient lights and signs at and near the checkpoint,
- A minimal detention period (probably not longer than about 30 seconds), and
- Adequate space to enable motorists to make U-turns and avoid the checkpoint.
Jurisdictional arrest issues include an arrest in the wrong county. Loudoun County judges only have jurisdiction over Loudoun County offenses. If authorities file charges in the wrong county, prosecutors must dismiss those charges and start over in the correct county. Frequently, instead of going to all that trouble, they make favorable plea deals to end these cases.
Work With a Hard-Hitting Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hours visits are available.
