In Virginia, all drivers are required to follow the traffic laws set forth by the state. If they violate these laws, they will receive citations based on their actions. However, in some cases, it is possible for an officer to make a mistake and to issue a citation for the wrong reasons. The following is a review of the law and opportunities to dismiss a citation with a traffic attorney in Orange, VA.
Mistake of Fact
It is possible for an officer to issue a citation based on a mistake of fact. For example, they can assume that the driver is drunk if they are driving recklessly. However, certain circumstances may apply to the situation that caused the person to drive recklessly without intoxication. Drivers who are allergic to bees may end up driving recklessly to get to a section of road to stop. If this is the case, the driver isn’t guilty of a violation. They were breaking the law to save their lives.
Inadequate Breathalyzer Tests
At any time that a driver is arrested for a DUI, they have the opportunity to request an additional blood sample. This sample is provided to their attorney, who then has the sample tested to determine if the driver had an illegal blood alcohol content reading. If the test results do not match, the driver can avoid the conviction for the DUI altogether. This is also the case if they can prove that the breathalyzer test is faulty.
No Clear View
If speed limit signs are covered by debris or trees, the officer cannot issue a speeding citation. The cause of the inability to know the speed limit was the fault of the city or county. Under these circumstances, they cannot charge the driver with exceeding the speed limit.
In Virginia, all drivers are required to follow traffic laws as directed by their state. They cannot speed, drive recklessly, or drink and drive. They must also have valid insurance for their vehicle. These violations can lead to serious penalties in some circumstances. Drivers who want to try to fight a traffic violation can contact a traffic attorney in Orange, VA or find more information here today.
