Virginia Reckless Driving & Traffic Laws

Virginia Driving Under Influence Fairfax Lawyers Code 18.2-266

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

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Gibson v. Commonwealth

Facts:

In Fairfax, a city's 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 driving under influence (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. Therefore, when defendant was read his implied consent rights under Va. Code Ann. § 18.2-268 (requiring defendant to have been lawfully arrested in order to be subject to § 18.2-268's mandate to submit) his refusal to submit did not constitute a violation of § 18.2-268.

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Holdings:

            The Virginia Court made the following holding:

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.

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