Legal Question in Criminal Law in Virginia

Drunk, armed and unrepentant

Recently I was invovled in an wreck and arrested for DUI. I was transported back to the sheriffs dept. and was awaiting a breathalyzer when the state trooper who had arrested me got a call from the tow truck driver who had towed my car. The driver had noticed my pistol in the map compartment of my driver's side door. The trooper asked me if there was a weapon in my vehicle. I said yes. I was never Mirandized. The trooper then had a deputy respond to the tow yard and retrieve my weapon.

The search occurred about 90 minutes after my arrest. Several empty beer bottles in the car were not found. I never gave consent for the search. Can I get this gun suppressed?

Can I be arrested for ''carrying on or about my person'' a weapon that's three miles away?

Passed all my FST's for the DUI and blew a .06, like to see a grand slam and get away scot-free. Timely assistance greatly appreciated.


Asked on 3/05/01, 3:20 am

1 Answer from Attorneys
Glenn R. Tankersley Regency Legal Clinic

Re: Drunk, armed and unrepentant

First standard advice on any criminal or traffic case is: don't make any statements to anybody other than an attorney about the facts of the arrest and charge.

Second, get to an attorney as quickly as possible.

Take all the papers that were served on you to the attorney when you go.

Make notes about the incident immediately to take with you to the attorney.

Concealed weapons can result in arrest if the weapon is readily within the individual's reach and, of course, concealed.

You don't have to be Mirandized if the officer is in the investigative phase of the case. Once he has arrested you, then you have to be Mirandized before he can use answers you give to questions.

Although it is not a sure thing, a .06 may result in acquittal. However, if other evidence is presented tending to show intoxication, conviction can occur with that low a BAC.

The very interesting thing about your case is that there was an accident. You did not say whether the trooper saw the accident or came on the scene afterward. It makes a big difference.

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Answered on 5/11/01, 3:04 pm


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