LAWYER HAS VIRGINIA DUI
POSTED BY CHAD G. DORSK, ESQ.
Dorsk Law Office, Plc. successfully defended two clients against DUI charges in two cities in the same week. The Court dismissed the charges that his clients were driving under the influence.
Client 1, whose identity will remain confidential, was approached by state police for his involvement in a high speed car crash in the City of Chesapeake. Within 5 minutes after the accident police conducted field sobriety tests on the client. The client performed poorly and police arrested him on suspicion of driving under the influence. Officers transported the suspect to an area hospital but did not proceed to have him checked for concussive symptoms.
There was no evidence of either blood or breath test results introduced at trial.
In court, the attorney advised the defendant to plead not guilty and the case went to trial. The lawyer was able to successfully argue that without a chemical analysis of the accused’s blood or breath there was insufficient evidence to prove intoxication. The attorney also suggested the possibility that an underlying medical condition caused the defendant to perform poorly on the field sobriety tests and that the defendant should have gone to the hospital first to determine if he was injured as a result of the crash.
As a result of the arguments made at trial by the attorney Chad G. Dorsk, the Court found the defendant not guilty of DUI in Virginia.
Client 2, whose identity will remain confidential, was approached by police while legally parked with her head lights on late in the evening in the City of Newport News. Police believed the defendant to be intoxicated due to her appearing sleepy and the presence of both empty and half full alcohol containers. Thereafter the police conducted field sobriety tests but did not offer a Preliminary Breath Test as required by Virginia code 18.2-267.
As a result of the arguments made at trial by attorney Chad G. Dorsk, the judge in this case dismissed the DUI due to a lack of PBT. The arguments made in this case relied upon the fact that all officers of the law must do their due diligence when confronting DUI suspects.