Facing a driving under the influence charge can be intimidating and overwhelming. Consequences could be severe and each city may have different regulations that could influence a person’s case. Before proceeding to a court a person charged with such an offense may want to learn about the local nuances for Fredericksburg DUI cases.
An accomplished defense attorney who is well-versed in the way DUI cases are treated in Fredericksburg could potentially help fight an intoxicated driving allegation. Understanding how unique regulations in certain cities may affect a DUI case could positively impact a person’s experience in court.
What makes Fredericksburg cases unique is generally the harshness of a DUI and the way that the DUI law is written. In Fredericksburg, there is typically something called a “permissible inference.” This often influences the way a person defends against a DUI allegation. A person refuting a DUI charge may be asked to present evidence in court that they were not intoxicated or unable to control their vehicle if they get a breath test and found to have a blood alcohol concentration over 0.08. That could be problematic because sometimes an individual may be 0.08 at the station but while they were driving could have been less than that. Generally, it is the prosecutor’s burden to prove beyond a reasonable doubt that an offense occurred. However, in DUI cases where the blood alcohol concentration allegedly was 0.08 or above, the permissive inference may allow the burden to shift to the defendant.
Additionally, Virginia also typically does not have an option for probation before judgment and they may not have the ability to knock the charge down to reckless driving or some lesser offense. The state is often harsh when handing down punishments and may aggressively pursue DUI convictions, which is one of the important local nuances for Fredericksburg DUI cases to keep in mind.
Implied consent law typically states that if a person is a driver on a highway in Virginia, and there is probable cause to arrest them for a DUI or DWI, they may be forced to submit to a breath or blood test at a police station after a potential arrest. If an individual does not submit to these requirements, then they can be charged with something else.
That individual can be charged with what is called a “refusal charge.” The first offense for that is a civil refusal, but the second or subsequent is a criminal charge that could face an additional amount of time incarcerated and an additional license suspension for a much longer period of time depending on which offense it is, i.e., at least a year and up to three years. There is more liberty at stake here in the State of Virginia and it is much harder on an individual’s rights with a DUI.
Fredericksburg has a small city jurisdiction that serves as a separate county. They may have a separate courthouse and a separate jurisdiction, but a very small area that is part of or surrounded by other counties. For the purposes of a DUI case, if an individual was charged in Fredericksburg, they may have been partly in Spotsylvania or partly in Stafford and could be dealing with the judges from Spotsylvania and Stafford. There normally is a rotating judge list in Fredericksburg and the judges, as well as the chief judge in Fredericksburg, also may serve in Stafford and Spotsylvania.
There could be a situation where an attorney sees a drawback on a DUI trial in Stafford and the next day the same judge will be presiding over a trial in Fredericksburg. There are different circumstances each time, but with these traveling judges, there is much more of an interesting field. They may treat each case as though the individual is coming from a big rural county when, in reality, it is definitely a city-feel to the driving and a lot more infractions that could qualify for a DUI stop as opposed to other jurisdictions.
When a person is charged with a DUI, they may not know how to move forward or how to properly defend themselves in court. A dedicated defense attorney could help a person understand the local nuances for Fredericksburg DUI cases. Contact a lawyer who is well-versed in the regulations that surround DUI charges in Fredericksburg.