Robert C. Hagan, Jr.
Attorney at Law
Since 1980

Phone: (540) 473-2044  
Toll-Free: (800) 872-6087  
Fax: (540) 473-1410  
fincastlelaw@gmail.com
 
Home    |    Criminal    |     Traffic    |    Divorce/Custody    |   Land Rights    |    Auto Accidents      |     Contact

              DUI & RECKLESS DRIVING

DUI:  FIVE LINES OF DEFENSE

1.        THE STOP.   Were the blue lights legal?

2.        
THE DETENTION. Were the sobriety tests legal?

3.       
 THE ARREST.  Was there "probable cause" for
           the arrest?

4.       
 SUPPRESS THE TEST. Are the Intoximeter   
           certifications, logs, and tests data perfect?  

                     ** Was a blood sample properly
drawn,                
                         labeled, mailed, and analyzed?**      
                    ** Was a hospital test properly administered; were the records lawfully obtained,
                        and are the medical records admissible in court?**

                     **Was alcohol consumed after an accident? **

                     **Do medications cast doubt on the test?**

5.        REASONABLE DOUBT. Can the government carry its burden of proof?

RADAR:  IF YOU CAN'T BEAT IT, GET AROUND IT
(Virginia law presumes that both the radar device and the operator are perfect.  In more than 30 years, I have never heard of   
 a successful attack on grounds of flawed science, bad angles, interfering objects, or operator error [unless the operator   
 admits it].  If the radar reading is not suppressed for inadequate records or the operator's admission of mistake or uncertainty,
 then the smart strategy is to work around a bad radar reading with a speedometer calibration, driver improvement program,
 and a presentation that is customized for the particular court.)

WARNING:  In the I-81, I-64, US 460, and US 220 corridors, citizens are often JAILED for speeding
more than 25 mph over the limit.  Reckless Driving is a Class I Misdemeanor, the same as Petit
Larceny, Assault and Battery, and Drunk Driving.  The maximum penalties are 12 months in jail,
$2,500.00, and a 12 month license suspension.

1.        SUPPRESS THE RADAR.   Has the officer been trained and retrained to operate
          radar?      ** Was the device calibrated before and after the shift? ** Is there
          a current speedometer calibration on file for the officer's patrol car? ** Are
          there current calibration certificates for the tuning forks? ** Will the officer
          admit to the possibility of mistake or an erroneous reading from road,
          weather, and traffic conditions?

2.       
EXTENUATION AND MITIGATION.       Persuade the judge that there is good
         reason
not to convict as charged.
       
3.
      GOOD DRIVING. A perfect, or near perfect, driving record provides powerful
         persuasion.

4.
      SPEEDOMETER ERROR.  Test your speedometer by timing exactly one mile at
         exactly 60 mph.  If it consistently takes 57-58 seconds to go the mile, invest in a
         calibration.

5.
      LESSON LEARNED.  Complete an 8 hour classroom driver improvement course
         approved by the National Safety Council.  (Many courts disapprove of on-line
         courses, and disapprove of courses less than 8 hours.)

6.  
     GREAT COMMUNICATION. Traffic trials happen fast.  Pick a lawyer who will
         interview you in depth and present your caste sharply and clearly to the judge.

             Click Here to view our commercial.

FREE TELEPHONE CONSULTATION
800-872-6087
______________________________________________________________________________________________

Please consult an attorney for advice about your individual situation.  This site and its information is not legal advice, nor is it intended to
be. The information on this website is for general information purposes only.  Nothing on this or associated pages should be taken as
legal advice for any individual case or situation.  This information on this website or the viewing thereof is not intended to create or
constitute an attorney-client relationship.