Virginia Burden of Proof

If you have recently been arrested for driving under the influence in Virginia, there are three burdens of proof that are placed on the arresting officer and the prosecution.

The first burden of proof is reasonable, particularly suspicion. This refers to the reason why the police officer decided to stop you, and occurs before the officer even turns on his or her sirens and lights to get you to pull over.

This basically means that the officer may not stop you just because you are of a certain gender or race. Weaving, speeding, or running a stop sign are some of the legal reasons that an officer may stop you. Your attorney will discuss the facts of your case with you to determine whether or not the officer had reasonable, particularly suspicion to pull you over.

The next burden of proof is probable cause. After you have been stopped, the officer has certain rules that he or she must follow that have to do with probable cause. For example, if the officer asks you to perform a standardized field sobriety test, he or she must first give you clear instructions and demonstrate how to perform the test. If the officer does not do this and you fail, the officer may not truly have probable cause to arrest you for DUI.

The third burden of proof is proving that you committed a crime beyond a reasonable doubt. The police officer or another witness must testify in court that you were the one driving the vehicle. If no one witnessed you driving, you may not be charged with driving under the influence.

Please note that it is extremely important that you hire an attorney who is experienced with DUI defense to help you dispute the burden of proof. DUI is a complicated field, and it is important to find an attorney who has been successful in winning cases similar to yours.