Invalid Arrest As Legal Defense for Dui Charges

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A Virginia Dui fee may be dismissed if the court finds that an invalid arrest was made that resulted in the charges being filed. A traffic stop can be made plainly because the officer has inexpensive suspicion that you were doing something illegal. However, with a traffic arrest, especially for a Virginia Dui charge, the officer must have probable cause to beyond doubt arrest you.

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Evidence and Your Invalid Arrest

When your charges for a Virginia Dui arise from a suspected invalid arrest you must be able to prove that there was not adequate evidence generated prior to the arrest to allow that arrest in the first place.

When you are arrested for Dui the circumstances and evidence that manifested prior to your arrest are what the court will take into consideration. The arresting officer must have had probable cause to arrest you prior to doing so. Just inexpensive suspicion that you were drunk at the time of the invalid arrest is not adequate to elucidate the actual arrest, even if later testing proves it.

If your attorney is able to suppress the evidence obtained after your Dui arrest based on an invalid arrest, the court will not be able to reconsider any evidence obtained after your invalid arrest was made. This means blood and alcohol tests administered back at the police hub are invalid as evidence, even if they are found to prove you were above the legal limit.

Failure to riposte to Prosecutor's Argument

In many Virginia Dui cases the prosecutor will argue that their burden to show a valid arrest is only probable cause. Probable cause for an arrest is a lesser thorough than proof beyond a inexpensive doubt. This is also the same thorough of proof as in a civil trial, meaning that if this was a civil case and the prosecution presented evidence of all things foremost to the arrest, the Commonwealth of Virginia would have proved that it was likely the accused was guilty of a Dui.

However, the point is that although the burden of proof is less spoton than proving your guilt beyond a inexpensive doubt, the Commonwealth's burden to prove an arrest by a preponderance of the evidence is still a necessary burden to meet. Basically, if there is no probable cause for the arrest, it is an invalid arrest and may consequent in your Dui charges being dismissed.

Probable Cause and Your Virginia Dui

Proving that a police officer did not have probable cause to arrest you for Virginia Dui can be difficult to do on your own. You should consult with a pro Virginia Dui defense attorney to discuss your case and resolve your best Dui defense strategy. Your lawyer will be able to resolve if your charges resulted from an invalid arrest and build your defense colse to that point if applicable.

Remember, when in doubt - speak to an experienced Virginia Dui defense attorney. You owe it to your criminal and driving records to get the help you deserve!

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