Criminal Attorney in Fairfax, VA
Do you know what your rights are if you are pulled over? For example, if a police officer asks you to take a sobriety test, do you know if you are required to take it? It is important for you to know what you are and are not legally required to do. It may end up saving you from getting a DUI someday.
Taking a Sobriety Test
For the most part, you are not required to take any kind of sobriety test. This includes the breathalyzer, urine test, and all other kinds of tests to determine if you are drunk or anything else. You are fully within your rights to politely decline to take the test. The only instances where you are legally required to take a sobriety test are:
- When under the legal drinking age of 21
- When you have already been arrested
- If you are on probation for a DUI
If any of these situations apply to you, do not refuse to take the test. Doing so may make your sentence worse or result in a fine. Otherwise, it is in your best interest to decline a sobriety test. Many people do not realize that these tests are subjective. The officer gets to decide whether or not the test determines if you are drunk enough to have your driving impaired. Even if you are not drunk, the officer can wrongly decide that you are given the results of the test and that still counts as probable cause and you can be legally arrested. Remember that the police officer only pulled you over because he or she already suspects a law has been broken. The officer is looking for proof that he or she is correct.
Other Tips
There are several things you can do to make your interaction with the police officer as smooth as possible. You should always be polite, even when refusing a test. Additionally, it is never a good idea to argue with an officer. It is illegal to lie to a police officer, although you are under no obligation to answer even a single question you are asked. Similar to why it is in your best interest not to take the tests, it is also in your best interest not to answer any questions. Police officers are trained to ask tricky questions that will catch lawbreakers off guard, and you might get caught regardless of whether you have broken any laws. You should always speak with a reckless driving lawyer Fairfax, VA trusts as soon as possible if you are arrested.
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Posted onTrustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!Posted onTrustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .Posted onTrustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.Posted onTrustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.Posted onTrustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.Posted onTrustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.Posted onTrustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.Posted onTrustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case. I highly recommend him - you will be in good hands for sure. From start to finish he provided expert counsel and kept me well informed. He simply could not have done a better job.Posted onTrustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and grateful; I highly recommend retaining his services. Well beyond worth it!!Posted onTrustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.
