|Robert C. Hagan, Jr.
Attorney at Law
Phone: (540) 473-2044
Toll-Free: (800) 872-6087
Fax: (540) 473-1410
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
4. SUPPRESS THE TEST. Are the Intoximeter
certifications, logs, and tests data perfect?
** Was a blood sample properly
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
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
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.
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