Table of Contents

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

TABLE OF CONTENTS

Chapters and Authors
Preface
Acknowledgments
About the Editor and Authors
Electronic Forms: Instructions and Table
CHAPTER 1: SUBSTANTIVE LAW
1.1	OVERVIEW
1.101	Types of Offenses
1.102	Uniform Demerit Point System
1.103	Jurisdiction
1.104	Collateral Consequences
1.2	SERIOUS TRAFFIC OFFENSES NOT BASED ON INTOXICATION
1.201	Reckless Driving
1.202	Aggressive Driving
1.203	Attempt to Elude an Officer
1.204	Hit-and-Run
1.205	Unlicensed Driving
1.206	Driving a Commercial Vehicle While Disqualified
1.207	Registration- and License Plate-Related Offenses
1.3	INTOXICATION-RELATED OFFENSES
1.301	Driving While Intoxicated
1.302	Underage Driving After Illegal Alcohol Consumption
1.303	Commercial Licensees Operating Under the Influence
1.304	DUI-Related Manslaughter
1.305	DUI-Related Serious Bodily Injury
1.306	DUI-Related Maiming
1.307	DUI-Related Criminal Negligence
1.308	DUI-Related Vehicular Involuntary Manslaughter
CHAPTER 2: PROCEDURE
2.1	OVERVIEW
2.101	Sources of Law
2.102	Review of Arrest for Compliance with Statutes
2.2	PROCEDURE AT THE SCENE
2.201	Officer in Uniform
2.202	Radar and Other Technology
2.203	Preliminary Breath Test
2.3	PROCEDURE AFTER ARREST
2.301	Misdemeanor Arrest Statute
2.302	Venue
2.303	Implied Consent
2.304	Testing for Drugs and Alcohol
2.305	Pretrial Suspension of License
2.306	Disposition of Arrested Driver's Vehicle
2.307	Bail
2.4	PRETRIAL MOTIONS
2.401	Motion for Bill of Particulars
2.402	Motion for Discovery
2.403	Motion to Suppress
2.404	Request for Certificate of Analysis
2.405	Motion Challenging Constitutionality of Statute
2.406	Speedy Trial and Double Jeopardy
2.5	PROCEDURES AT TRIAL
2.501	Misdemeanors
2.502	Felonies
2.503	Exclusion of Witnesses
2.504	Motions in Limine
2.6	EVIDENCE
2.601	Generally
2.602	DUI and License Suspension Cases
2.603	Calibrations of Speed-Measuring Equipment
2.604	Preliminary Breath Test
2.605	Admissibility of Certificates of Analysis
2.606	Admissibility of Evidence at Sentencing
2.7	STATUTORY PRESUMPTION OF INTOXICATION
2.701	Definition
2.702	Commercial Licensees
2.8	STATUTORY DEFENSES
2.801	Officer Not in Uniform
2.802	Reasonable Refusal
2.803	Speedy Trial
2.804	Crash Reports Not Admissible
2.9	POST-TRIAL CONSIDERATIONS
2.901	Effect of Conviction on Other Charges
2.902	Effect of Dismissal
2.903	Forfeiture of Vehicle
2.904	Reopening the Case After Conviction
2.10	APPEALS OF MISDEMEANOR CONVICTIONS
APPENDIX 2-1: DECLARATION AND ACKNOWLEDGMENT OF REFUSAL—BREATH/BLOOD TEST (FORM DC-233)
APPENDIX 2-2: NOTICE OF ADMINISTRATIVE SUSPENSION OF DRIVERS LICENSE/DRIVING PRIVILEGE (FORM DC-201)
APPENDIX 2-3: MOTION FOR REVIEW OF ADMINISTRATIVE SUSPENSION OF DRIVERS LICENSE/DRIVING PRIVILEGE (FORM DC-202)
APPENDIX 2-4: REQUEST FOR COPY OF CERTIFICATE OF ANALYSIS (FORM DC-302)
APPENDIX 2-5: OBJECTION TO ADMISSION OF CERTIFICATE OF ANALYSIS/VIDEO TESTIMONY (FORM DC-305)
CHAPTER 3: STOPS, ARRESTS, AND SEARCHES
3.1	INTRODUCTION
3.2	STOPS
3.201	Detention oi a Citizen by a Police Officer
3.202	Not All Encounters Are Stops
3.203	Stop Includes a Show of Police Authority
3.204	Articulable Suspicion to Stop
3.205	Random Stops Unconstitutional
3.206	Examples of Unlawful Stops
3.207	Examples of Lawful Stops
3.208	Sources of Articulable Suspicion to Stop
3.209	Stops Pursuant to Community Caretaker Role
3.210	Roadblocks
3.211	Avoiding a Roadblock
3.212	Pretextual Stops
3.213	Scope of Stop
3.214	"Fruits" of Unlawful Stop
3.3	ARRESTS
3.301	Definition
3.302	Probable Cause for Arrest
3.303	Probable Cause in DUI Cases
3.304	Arrest Valid Under Virginia Law
3.305	Where the Arrest Occurs
3.306	Remedy if Arrest Is Illegal or Unconstitutional
3.307	Admissibility of Tests
3.308	Refusal to Take a Blood or Breath Test
3.4	MIRANDA ISSUES
3.401	Prearrest "Custody."
3.402	Facts and Circumstances
3.403	Investigative Detentions
3.404	Postarrest
3.5	SEARCHES
3.501	Introduction
3.502	Blood Alcohol Searches
3.503	Searches Incident to Traffic Arrests
APPENDIX 3-1: MEMORANDUM IN SUPPORT OF SUPPRESSION OF EVIDENCE
APPENDIX 3-2: RESPONSE TO MEMORANDUM IN SUPPORT OF SUPPRESSION OF EVIDENCE
APPENDIX 3-3: MOTION TO SUPPRESS EVIDENCE FOR ILLEGAL STOP
CHAPTER 4: BEGINNING THE REPRESENTATION
4.1	OVERVIEW OF TRAFFIC REPRESENTATIONS
4.101	In General
4.102	Review of Statutes and Case Law
4.2	INITIAL CLIENT CONTACTS
4.201	First Contact
4.202	Before the Meeting
4.203	First Meeting Agenda
4.204	Should the Client Testify?
4.205	Recommendations for Client Action
4.206	Issues When the Client Is Incarcerated
4.3	REVIEW OF THE COMMONWEALTH'S EVIDENCE
4.301	Police Reports
4.302	Scene of the Incident
4.4	LAY WITNESSES
4.401	Pretrial Interviews Generally
4.402	Interviewing the Client
4.403	Interviewing Other Lay Witnesses
4.5	POLICE WITNESSES
4.501	In General
4.502	Interview of Arresting Officer
4.6	CONTACT WITH THE COMMONWEALTH'S ATTORNEY
4.601	Overview
4.602	Subsequent Meeting with Client
4.603	Negotiated Outcomes
APPENDIX 4-1: MOTION FOR CONTINUANCE
APPENDIX 4-2: ORDER FOR CONTINUANCE
APPENDIX 4-3: CLIENT INTAKE AND INTERVIEW FORMS
APPENDIX 4-4: MOTION FOR TRANSMISSION OF BLOOD SAMPLE (FORM DC-303)
APPENDIX 4-5: SAMPLE LETTER TRANSMITTING FEE AGREEMENT
APPENDIX 4-6: SAMPLE FEE AGREEMENT FORM
APPENDIX 4-7: VIRGINIA UNIFORM SUMMONS (FORM DC-286)
APPENDIX 4-8: TRIAL WITHOUT COUNSEL (FORM DC-337)
CHAPTER 5: TRIAL PREPARATION: STRATEGY AND TACTICS
5.1	PREPARATION AFTER THE FACTUAL INQUIRY
5.101	In General
5.102	Information from the Client
5.2	PRETRIAL HEARINGS
5.201	In General
5.202	Bond Hearings
5.203	Pretrial Suspension Hearing
5.204	Pretrial Hearing on Impoundment of Vehicle
5.205	Suppression Hearings
5.3	THE DISCOVERY PROCESS
5.301	In General
5.302	Factors against Filing Discovery
5.303	Discovery in General District Court
5.304	Discovery in Circuit Court
5.4	OBTAINING AND REVIEWING DOCUMENTS
5.401	In General
5.402	Virginia Uniform Summons or Warrant
5.403	Certificate of Blood Alcohol Analysis
5.404	Witness Requests and Returns of Service
5.405	Criminal Complaint
5.406	Documentation of Prior Convictions
5.407	Certificate of Refusal
5.408	Warrant or Summons
5.409	Certificates of Calibration
5.5	TRIAL STRATEGY AND TACTICS
5.501	Case Evaluation
5.502	Admissibility of Evidence or Statements
5.503	Scientific Evidence
5.504	Focus on the Issues
5.505	The Judge
5.506	Should the Client Testify?
5.507	Expert Witness
5.6	JURY TRIAL OR BENCH TRIAL
5.601	In General
5.602	Factors to Consider
5.603	Constitutionality of the DUI Statute
5.7	EVIDENCE
5.701	Admissibility
5.702	Stipulations
5.703	Body Worn Camera
5.8	CROSS-EXAMINATION
5.801	In General
5.802	Purpose
5.803

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