Legal Question in Criminal Law in Virginia

Probable cause for DWI charge

I am 17 and was recently charged with DWI. The police officer did not have reason to stop me such as a traffic violation. The only reason I can think he might use in court is that I was out at 3AM past the state curfew. Can teen curfew laws be used as probable cause for a traffic stop in this case?


Asked on 7/08/07, 11:10 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Probable cause for DWI charge

If there was a valid curfew in place that was applicable to you the operator of the vehicle or passengers therein, that could possibly be be valid probable cause for the traffic stop. (However, if such were the case, the stop would still appear to be challengeable unless the officer who made the stop already knew you and your vehicle and was aware of the fact that you were a minor subject to a curfew.)

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Answered on 7/08/07, 11:56 am


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