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Editor: Bob Battle
Profession: DUI Defense Lawyer

Category: Virginia DUI

The Court of Appeals of Virginia reversed convictions for "possession of cocaine with intent to distribute" and "possession of a firearm after having been convicted of a felony" against a criminal defendant because the officer, who pulled the vehicle over solely because an otherwise valid inspection sticker was partially peeling away from the vehicle's windshield, lacked the Constitutionally mandated "reasonable suspicion" to justify the traffic stop.

In the opinion for Moore v. Commonwealth, the Court of Appeals noted that it is legal to remove a valid inspection sticker from a vehicle's broken windshield and reattach it to the vehicle's new windshield without submitting the vehicle to re-inspection. Given the fact that the number of auto glass repair shops springing up in Virginia seems to be about the same as the number of Starbucks stores, and that one can't open a "Val-Pak" mailer without 5 or 6 auto glass repair coupons inside, a contrary ruling would give rise to a potentially large number of pre-textual stops by law enforcement officers.

On his website, Bob Battle explains in "The Battle Plan: How to Win DUI Cases" that many lawyers lose cases they should have won for their clients by failing to contest the basis for the stop. The arresting officer must be able to testify to facts that he had a "reasonable suspicion" of a crime or traffic violation. A hunch is not enough. Ultimately, in any case in which the court rules that there was not a "reasonable suspicion" for the traffic stop, then the charge is dismissed. Click here to read "The Battle Plan: How to Win DUI Cases"

To read the full opinion of Moore v. Commonwealth, click here.