Virginia DUI and the Three Burdens of Proof

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Learning about Reasonable, Particularly Suspicion, Probable Cause and Proof Beyond a Reasonable Doubt

When you speak with us at the Boone Beale Law Firm, we’ll discuss the plan for your defense. There are three burdens of proof that may relate to your case depending on the circumstances surrounding your DUI arrest.

The first thing we’ll want to discuss is reasonable, particularly suspicion. This refers to the police officer stopping you. In going over the stop, we’ll find out whether or not there was reasonable, particularly suspicion based on your driving behavior. This occurs before the police officer turns on the lights and sirens letting you know to pull your vehicle over. For example, if a police officer sees you and notices that you are a woman or are a certain race, he or she cannot stop you simply based on such factors. Speeding, driving dangerously or having a tail light out are some of the lawful reasons an officer can stop you. If through research we determine that the officer did not have reasonable, particularly suspicion to stop you, we can use this in court for your defense.

Next, we’ll move on to probable cause. After the officer has stopped you and you start interacting with him or her, the officer has rules that he or she must follow. This deals with probable cause. If the officer asked you to perform a field sobriety test, he or she must demonstrate it for you first and give you instructions. We will also discuss and research how you handled yourself with the officer and vice versa. If you failed the field sobriety test because you didn’t understand the officer’s expectations or you have a physical condition that would prevent you from passing, we’ll find out.

Based on the lack of reasonable, particularly suspicion or the level of probable cause to arrest you, we could win your case at the hearing. If this does not apply to your case, the next step of the trial will relate to proof beyond a reasonable doubt. The officer or someone else who will testify in court must have witnessed you actually driving the vehicle, otherwise you may not be charged with Virginia DUI.

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