Lynchburg Virginia DUI Defense Attorney

 


Have you been Charged with Drunk Driving? You should call me for a free consultation (434) 660-9701. I am a Lynchburg, Virginia DUI defense attorney. "The Fact that a defendant has been arrested is not proof of guilt - in fact it is not proof of anything." Brady v. Maryland (1963)

There are numorous likley holes in a DUI field sobriety test, breath machine, and blood examination. These become where an accused can leverage the evidence to obtian the most favorable outcome. "There is no mandatory presumption of intoxication at any BAC in Virginia." Yap v. Commonwealth (2007)

The Virgnia Supreme Court has ruled that the mere odor of alcohol on a person's breath without more is insufficient to establish either intoxication or lack of control. Hemming v. Hutchinson (1981); Hoffner v. Kreh (1984)

Field Sobriety Test:

"It is a matter of common knowledge based on human experince that outward manifestations of intoxication will vary from individual to individual. While one highly intoxicated individual may exhibit few, if any, outward manifestations of intoxication, another individual may appear to be very intoxicated after consuming a small quantity of alcohol. Thus, a determination whether a person was "under the influence of alcohol," even when aided  by statutory presumption, cannot be reduced to a readily usable mathmatical or objective formula. Rather, that determination must be based upon the totality of the evidence."  Davis v. Commonwealth (1989)

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth.
Chris White Lawyer, LLC is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my website at ChrisWhiteLawyer.com. Thank you for reading, please also look at my practice areas, like Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube Channel, Instagram, Facebook, Twitter, LinkedIn, Tumblr, Blogger, Reddit, Yelp, Avvo and Justia. Thank you for your time and consideration.Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

https://chriswhitelawyer.com/dui-defense-lawyer/

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