CHESTERFIELD DUI .12 COMPLETELY DISMISSED 

Chesterfield County, Virginia DUI charges are serious. A conviction means an automatic license suspension of one year, ignition interlock is mandatory, there is the potential for jail time up to one year, and there is a mandatory fine. Leavitt & Martin successfully defended a Chesterfield DUI at .12 today. We entered a plea of NOT GUILTY for our client and put on a full trial in court.

The prosecutors had a proper certificate of BAC at .12. However, they did not provide statutory notice to us and so the certificate of BAC did not come into evidence. That means that to prove the DUI, the Commonwealth needed to show our client's driving behavior and behavior at the scene was enough.

The officer who conducted the field sobriety tests made a lot of mistakes. We cross examined the police officer for about 30 minutes. The officer did not do well on the stand, and he testified in such a way that allowed us to poke holes in the case. The officer conducted a horizontal gaze nystagmus test, a 9 step walk and turn, and one legged stand. Leavitt & Martin cross examined the officer and showed reasonable doubt.

The Commonwealth bears the burden of proof to show someone was driving under the influence of alcohol. If the Commonwealth has a certificate of BAC then that's pretty easy to do. If there is an admissible BAC at .08 or above then there is a presumption the driving was under the influence. Since we got the certificate of BAC stricken from the record there was no presumption of intoxication. Once that happened, the officer needed to show intoxication based on the results of the field sobriety tests and our client's statements at the scene.

The Commonwealth was unable to prove their case and the judge completely dismissed the case. Our client also had a failure to appear warrant and that case was also completely dismissed. So our client did not have any negative impact due to these charges.

Disclaimer: every case is different and past results do not guarantee or predict the future. Call today for a free consultation at 8048734004