# Don't speed in VA.... HELP!!!! (long)



## tagheuer (Jun 10, 2004)

Tanning machine said:


> Although I read about a recent district court ruling in Va. holding that it was unconstitutional in Virginia to presume drunkenness based solely on the BAC test. Sounds like the guy might have an argument that with all the other field sobriety tests, the reading did not accurately assess his sobriety. Again, get a lawyer for this if you're challenging it. Otherwise, it's an expensive burger and beer.


Well, as I said before I'm an attorney and I have significant experience in litigating such matters. In my experience and based upon my review and research (10 plus years) orally administered alcohol tests are very accurate if administered properly

I do not practice in VA and have not heard of the case you refer to, but you miss my point. Many laws have been changed from "you can't drive drunk" to "you can't drive with a certain level of alcohol in your system". This was done because some people can pass all the tests and operate a vehicle with a .08 just fine. I imagine the case you refer does state that a court cannot "presume" drunkeness, because you have to prove every element of the offense beyond a reasonable doubt, but, if the offense is simply driving with alcohol in your system, he's cooked.


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## Double Vanos (Aug 20, 2003)

Dude your extreme lucky and i wouldnt fight the ticket if i was you. Here in Tx you get a DUI ticket for anything under .08 anything over your going to the County Jail unless your Jessica Simpson with that Dukes of Hazards outfit. Here in Texas they love pulling over nice cars like bimmers and benzos cause its guaranteed revenue plus we have a serious drinking and driving problem. Imagine if he would of arrested you your car would of been impounded and probably damaged consider yourself extremely lucky and learn from this experience.


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## SergioK (Aug 14, 2002)

bavarian19 said:


> No radar detectors in VA


Reason enough for me NOT to live there. :tsk:


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## Jever (Apr 16, 2003)

Double Vanos said:


> Dude your extreme lucky and i wouldnt fight the ticket if i was you. Here in Tx you get a DUI ticket for anything under .08 anything over your going to the County Jail unless your Jessica Simpson with that Dukes of Hazards outfit. Here in Texas they love pulling over nice cars like bimmers and benzos cause its guaranteed revenue plus we have a serious drinking and driving problem. Imagine if he would of arrested you your car would of been impounded and probably damaged consider yourself extremely lucky and learn from this experience.


Texas is a zero tolerance state?


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## TeamM3 (Dec 24, 2002)

you can ge arrested for an alcohol level below the limit in any state if the officer believes you aren't operating your vehicle ni a safe manner, it would be a lesser offence than a full DUI charge but getting your car impounded and going to jail is a major pita regardless


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## TeamM3 (Dec 24, 2002)

LmtdSlip said:


> Why the cross post?
> 
> http://www.bimmerfest.com/forums/showthread.php?t=108208 :dunno:


he wanted a 2nd professional opinion? :dunno: I was happy to be vindicated by the lawyer who told him he'd be an idiot to challenge the ticket


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## Jever (Apr 16, 2003)

TeamM3 said:


> you can ge arrested for an alcohol level below the limit in any state if the officer believes you aren't operating your vehicle ni a safe manner, it would be a lesser offence than a full DUI charge but getting your car impounded and going to jail is a major pita regardless


Although you didn't quote me, I'm going to assume you were replying to me. I know that you can be arrested whether you blow a .00001 or a .08 regardless of the state, but the statement of 


dude said:


> Here in Tx you get a DUI ticket for anything under .08 anything over your going to the County Jail


 sure made it sound rather definate about things. "Had a shot 3 hours ago, here's your DUI." "Oh, you had some Nyquil an hour ago, here's your DUI."

KS does this for underage drinkers. No tolerance here. There is some leeway testing wise to account for cough syrups and OTC or Rx drugs, but that's about it. I actually watched a guy who was 20 take 1 drink of a beer to wash down some tylenol get pulled over (I was with him all night so I know that's all he had...hell he was our DD) and pow, here's your DUI.


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## bavarian19 (May 11, 2003)

SergioK said:


> Reason enough for me NOT to live there. :tsk:


Just be a responsible driver... most of the time atleast :angel:


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