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Guru_Guy, Lawyer
Category: Criminal Law
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Experience:  Attorney trained in criminal law matters, and many years of advising on such matters..
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additional question to DUI ----details - did a rolling stop

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additional question to DUI ----details - did a rolling stop - got to friends house - got out of car - locked car and put keys in pockets - --then approached by Mountain Bike police - who in turn called patrol car - is this still considered a DUI-state of virginia

If the police witnessed you driving the car, and then tested you for DUI before you would have had any chance to drink anything after leaving the car, then they have a case. The fact that they arrested you after the activity had been completed is not really relevant.

On the other hand, if there is some possibility that someone else was driving the car or they could not positively prove that you were behind the wheel, that could create the reasonable doubt you need.

Another issue, sometimes if there is a delay between your driving and the blood alcohol test, one can argue that the BAC increased after you drove because it took time for the alcohol to enter your system. That can work in some cases. But again, this is a defense that would need to be raised at trial by your attorney.

I hope this answers your question.


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