Are There Advantages To Doing Field Sobriety Tests In Norfolk, VA After A DUI Stop?

Anthony Montagna, III

• Your “Go To DUI Defense Lawyer”
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• 32+ Years Of Experience Defending DUI/DWI Cases
• Defending Individuals Charged With DUI/DWI In Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News And All Of Virginia
• Winning DUI/DWI Cases Since 1993
• Over 250 Five Star Google, Findlaw, and Avvo Reviews
• Quoted And Interviewed By The Virginian Pilot
• A DUI Defense Specialist
• 757-625-3500
• Follow This Link To See Some Of My Google Reviews

Anthony Montagna, III’s DUI/DWI Defense Law Team

• Dedicated, Skilled, and Tough
• 100+ Years of Combined Legal Experience at Montagna Law
• A Client First Team
• Call Us When Results Matter
• When You Are Down and Looking for a DUI Lawyer, We Lift You Up
• 757-625-3500

Some of Our DUI/DWI Results

Although every case is different and the results of one case do not guarantee results in a different case, some of Anthony Montagna, III’s favorable DUI/DWI results are the following:

• DUI and Reckless Driving with a B.A.C. of .09 from a blood serum draw at the hospital after a very serious automobile accident with significant personal injuries and property damage: Guilty of only Reckless Driving with NO ACTIVE INCARCERATION
• Client charged with DUI-First Offense and DUI-Second Offense on same day and in front of same Judge: BOTH CHARGES DISMISSED – Attorney Montagna made specific arguments to suppress the certificate of analysis in the first case and show that the police officer did not have a reasonable basis to stop the client’s vehicle in the second case.
• DUI with a B.A.C. of .24: DISMISSED – Attorney Montagna made a motion to strike with an unusual technical defense.
• DUI AND REFUSAL: REFUSAL Nolle Prosequi (Dismissed without Prejudice) and  DUI reduced to Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
• DUI-2ND OFFENSE AND REFUSAL: Both charges Nolle Prosequi (Dismissed without Prejudice) – Attorney Montagna showed the prosecutor the problems with the case.
• DUI: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
• DUI-Drugs: GUILTY OF RECKLESS DRIVING – Attorney Montagna showed the prosecutor the problems with the case.
• Client charged with DUI, Second offense: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
• DUI: Guilty of Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
• Client charged with DUI: Guilty of Wet Reckless Driving – Attorney Montagna showed the prosecutor the problems with the case.
• Client charged with DUI, Refusal, and Revoked Operator’s License: DISMISSED – After a lengthy trial, Attorney Montagna argued that the police officer did not have a reasonable basis to stop the client’s vehicle.
• DUI and Refusal: DISMISSED – Attorney Montagna convinced the court that there was not enough evidence beyond a reasonable doubt to convict the client.
• Client charged with DUI and Refusal:  Client plead to Reckless Driving and refusal charge taken under advisement for one year and to be dismissed if in compliance – Attorney Montagna showed the prosecutor the problems with the case.
• Client, a Naval office, charged with DUI and Refusal: Both charges DISMISSED – After a lengthy trial, Attorney Montagna argued that there was not enough evidence beyond a reasonable doubt to convict the client.
• DUI-Second Offense:  Client guilty of DUI-First Offense, no active jail time – Attorney Montagna showed the prosecutor the problems with the case.
• Client charged with DUI-First Offense. Client had BAC of .18, which would normally require a mandatory minimum of 5 days in Jail.  All jail time suspended. Attorney Montagna showed the prosecutor the problems with the case.

My Commitment to Clients Seeking a Norfolk DUI Lawyer

“Practicing law since 1993, I know each DUI case is different, and I provide personalized attention for each DUI client,” says Anthony. “I am committed  to providing my DUI clients with zealous and skillful representation. I know that my client’s DUI case is a serious concern, and I treat every DUI client like I would want my family treated by my colleagues. I am here to guide you through the complexities of your DUI case and to provide you simple, straightforward answers to your questions.”

Are There Advantages To Doing Field Sobriety Tests in Norfolk, VA After A DUI Stop?

In Virginia, there are only three standard field sobriety tests.  The three standard field sobriety tests are the Horizontal Gaze Nystagmus, One-Leg stand, and the Walk-and-Turn.  However, police officers, deputies, and troopers may offer non standardized field tests following a stop for driving under the influence (DUI).

The investigating officers, troopers, and deputies may ask the indivudual stopped for a DUI investigation to perform an alphabet test, counting backwards test, touch your fingers to thumb test, and/or a touch your nose test.  However, as non standardized tests, the National Highway Safety Administration has not determined their relaibilty and clues for intoxication.

Many people are nervous after a stop for a DUI investigation.  Because of the nervousness, individuals may exhibit clues of intoxication erroneously.  Additionally, individuals with physical or mental defects may also exhibit clues of intoxication. erroneously.

While individuals suspected of DUI in Virginia are generally required to give a breath/blood sample, the impled consent law in Virginia does not require individuals to perform field tests. Individuals can review § 18.2-268.2 of the Virginia Code for more information about the implied consent law in Virginia. Thus, performance of field tests can potentially hurt your defense to a DUI and rarely provide you with an advantage.

The above information should not be considered legal advice.  If individuals have questions about field sobriety tests and a DUI in Virginia, the individual should contact a licensed Virginia Attorney.

Testimonials

• “I have nothing but great things to say about Mr. Montagna. I was in a bad situation with a reckless driving ticket and was going to lose my jobs if convicted. Mr. Montagna went above and beyond to defend me during my hearing. Without a doubt his knowledge, expertise, and approach to my case in the courtroom that day is the only reason I still have my two jobs. For that I cannot thank him enough. He is the best at what he does and I highly recommend him to everyone that needs legal help. He not only carries himself with the highest regard to professionalism but also truly cares for his clients.” – AC.
• “Mr. Montagna is hands down the best at what he does, having been charged with a class 1 misdemeanor he was able to get the best possible outcome from it as well as reducing a speeding ticket down to an improper equipment charge the next day. That same day I had the chance to see from a 3rd person perspective what he is able to do in a different situation for another person and after it concluded it was safe to say that going with him WILL be ending with the best result in accordance with your own end of the bargain held up (driving certificates, community service, etc). Overall a very professional, intelligent, reputable attorney.” – NT.