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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Recent Wins

RICHMOND GENERAL DISTRICT COURT- A DUI defendant in Richmond, Virginia who was involved in a single car accident which resulted in in his car being flipped over and who had a BAC of .20 and was also charged with Possession of Marijuana pled guilty to a reduced charge of Reckless Driving. The possession of marijuana charge was dismissed.

FACTS: Client's car ran off the road and was overturned and client was knocked out. A concerned citizen called the Virginia State Police on their cell phone. The investigation by the Virginia State Trooper revealed that the client had been drinking and also had a small amount of marijuana in his possession. Client was taken to the hospital and a blood test there revealed his BAC was a .20. (2 1/2 times the legal limit in Virginia!)

DEFENSE: The Citizen witness did not actually see the accident. The Virginia Implied Consent Law, says that anyone driving on the highways of Virginia has given their "consent" to a blood or breath test if they are arrested for DUI or a similar offense within three hours of the driving behavior. The prosecution was unable to prove that the client was arrested within three hours of his driving behavior.

RESULTS: the DUI charge was amended to a charge of Reckless Driving and the Possession of Marijuana charge was dismissed pursuant to a plea bargain.

COMMENT: This case once again demonstrates what Richmond, Virginia DUI Lawyer Bob Battle emphasizes in part 2 of his free Consumer Guide "How to Choose a DUI Lawyer in Virginia" subtitled "20 Ways Lawyers who are 'Asleep at the Wheel' of Your Virginia DUI Trial can LOSE Winnable Cases!" Number 20 on this list states:

20. Failure to spot multiple issues that arise in DUI accident cases.
Quite often, a client charged with DUI has been involved in a single car accident that the officer did not observe. Very often, the officer is unable to prove that your client was driving or that he had not been consuming alcohol after getting into the accident and exiting the vehicle. By statute, the officer must arrest the suspect within three hours of the driving behavior. If you have been drinking and are involved in a single car accident, it is absolutely crucial that you exercise your right to remain silent. Furthermore, if the alleged drunk driver is injured, often a blood test is taken at the hospital. Rarely do the hospitals follow the statutory requirements and these hospital blood tests can be kept out of evidence at trial.

To get your free copy of "How to Choose a DUI Lawyer in Virginia," fill out the form on the top of this webpage- BobBattlelaw.com