Monday, March 17, 2014
Virginia Beach Drunk Driving Lawyers Warrantless Arrest Misdemeanor
Virginia Beach
Drunk Driving Lawyers
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
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 violation. 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.
Stump v. Commonwealth
Facts:
Defendant in Virginia Beach
filed a motion to suppress evidence seized following his arrest for driving
while under the influence, DUI, specifically, the DUI certificate of analysis,
a 9-mm weapon, and marijuana. With respect to the DUI certificate, he argues
that the trooper violated state statutory law by making a warrantless arrest
for a misdemeanor not committed in his presence. Concerning the weapon and
marijuana, defendant claimed the trooper seized these in violation of U.S.
Const. amend. IV. The court granted the motion with respect to the certificate,
but denied the motion as to the other evidence. The trooper did not see
defendant operate his under the influence, and the accident exception did not
apply. The arrest thus violated Va. Code Ann. § 19.2-81. As to the other
evidence, a violation of state law did not require exclusion of evidence absent
an independent constitutional violation. Here, the trooper was authorized to
seize contraband found during the search even though the evidence did not
relate to the crime giving rise to the arrest.
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:
- Va. Code Ann. §
18.2-268.2(A) expressly limits the driver's implied consent to situations
where he is arrested within two hours of the alleged offense. By
interpolating the word validly into the statute, i.e. alcohol testing may
take place when he is validly arrested within two hours of the alleged
offense, an implied statutory suppression remedy is created for violations
of other state statutes. As a general rule, however, violations of state
statutory law do not trigger the state-law equivalent of the federal
exclusionary rule unless the statute expressly provides for a suppression remedy.
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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