Legal Question in Criminal Law in Virginia
I was pulled over for an out head light. He made me and the passenger step out. My passenger was drunk. They got both of us for drunk in public. Then he told us he had proble cause 2 search the vehicle for alcohol since we were underage. He searched the car and found weed and alcohol. We both caught those charges. I tried 2 get the officer 2 give me a breathalyzer and he refused me. How can they give me a drunk in public and not a dui if I was driving? How can they give me a drunk in public if their was no way 2 prove I was drunk? Can they realy refuse u if u ask for a breathalyzer? They took both of us 2 jail and my car was towed. The next day when I got out of jail I went 2 go get my car I found that both headlights were working so I started taking pictures of the lights on. I have some real nice picts of the high beams on and the low beams on in the impound yard, and a witness that saw me take the picts and is willing 2 testify. I have another whiteness that saw both the headlights on that night and the night I got the car out impound and they are willing 2 testify also. I also took my car 2 the garage and had them check out the lights and the wiring every thing came back fine. I was given a court appointed lawyer and he told me I don�t have a case for an illegal stop, and the cop is going to say that they weren�t working that night even though I have all this proof that they did. Court Appointed tells me I don�t want 2 fight this, and just take a good plea agreement. I belive that the cop was age profilling because it was 2 under age kids at 2:30 in the morning. What do you thank should i try 2 fight this?
1 Answer from Attorneys
The DIP (Drunk in Public) charge, absolutely; the weed charge, no, unless it wasn't yours.
Forget about the issues of profiling and the headlight.
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