DUI / DWI Case Study
Whether the traffic stop leading to the DUI arrest was constitutionally valid under the Fourth Amendment.
The court affirmed the conviction, holding that the officer had reasonable articulable suspicion to initiate the traffic stop based on observed traffic violations. The court found that the breathalyzer results were properly admitted and that the conviction was supported by sufficient evidence.
The validity of the initial traffic stop is the first line of defense in every DUI case. If the stop was unlawful — based on a hunch rather than reasonable articulable suspicion of a traffic violation or criminal activity — all evidence obtained as a result of the stop (including breathalyzer results) can be suppressed. D.J. Rivera scrutinizes every aspect of the stop in DUI cases.
This case involves § 18.2-266 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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