Blogs from March, 2024

What Are Field Sobriety Tests (FSTs)?

When stopped on suspicion of DUI (Driving Under the Influence) in Virginia, law enforcement officers may ask you to perform a series of field sobriety tests. These are designed to assess your balance, coordination, and ability to perform tasks requiring divided attention.

Some of the most common field sobriety tests include:

• The Horizontal Gaze Nystagmus Test: Observing the eye movement as the suspect follows an object
• The Walk-and-Turn Test: Walking straight along a line, turning on one foot, and returning
• The One-Leg Stand Test: Standing with one foot off the ground and counting aloud

Can You Refuse Field Sobriety Tests in Virginia?

While you may feel obligated to comply with a police officer's request to perform a field sobriety test during a DUI stop, it's important to understand that you are not legally required to. You can respectfully decline these tests without legal penalty for refusal. In some cases, refusing a field sobriety test may be in your best interests.

What About Blood & Breath Tests?

Under Virginia's implied consent laws and § 18.2-268.3, refusing to submit to a blood or breath test when arrested for DUI is unlawful. Consequences of such refusal can include a one-year suspension of driving privileges for a first offense.

Implied consent laws mean that by simply driving on Virginia's roads, you agree in advance to submit to a blood or breath test if you're suspected of DUI. This agreement is a condition of being granted a driver's license in the state.

Why Are Field Sobriety Tests Considered Problematic?

Field sobriety tests can be subjective, and several factors unrelated to alcohol consumption can influence their reliability. Despite these tests being problematic, they continue to be administered as they provide law enforcement officers with preliminary assessments of impairment, which can be used to establish probable cause for a DUI arrest. Despite their subjective nature, they are also frequently used as part of the evidence in DUI prosecutions.

Circumstances in which an officer may erroneously assume someone is under the influence or impaired when they are not may include:

• Medical conditions: Certain medical conditions can affect balance and coordination.
• Nervousness: Anxiety from being pulled over might lead to poor performance on the tests.
• Environmental conditions: Poor weather or uneven road surfaces can affect test results.

Challenging Field Sobriety Tests in Court

Field sobriety tests can be a vital component of a DUI charge; their results are not infallible and can be challenged in court. An experienced DUI attorney might question the administration of these tests by highlighting inconsistencies in how the tests were conducted or by questioning the officer's interpretation of the results.

Furthermore, factors such as an individual's physical conditions, footwear, or even road conditions at the time of the test can be presented to cast doubt on the reliability of the FST conclusions. The subjective nature of these tests means that evidence from them can often be scrutinized and potentially discredited, giving defendants an avenue to contest charges based on their results.

Get Help Defending Against DUI Charges

If you're facing DUI charges in Virginia or you’ve been arrested for suspicion of a DUI, enlisting the aid of skilled legal representation is strongly recommended. At The Law Offices of Daniel J. Miller, we provide fierce advocacy and knowledgeable guidance throughout your case.

Don’t leave your future to chance—seek experienced counsel as soon as possible. For more information or to schedule a consultation, connect with The Law Offices of Daniel J. Miller today.

The end of a marriage is often fraught with emotional and legal complexities—even when both parties agree it's the right step forward. In Virginia, an uncontested divorce can seem like a straightforward process, but it involves specific legal requirements and decisions that will have a lasting impact on your life.

We understand that contacting an attorney may feel daunting, but your best interests are at stake. Even when you think you and your soon-to-be ex are on the same page, having a legal professional review your divorce settlement is generally worthwhile. Keep reading to find out why.

Uncontested vs. Contested Divorce

In Virginia, a divorce can either be uncontested or contested. Regardless of whether a divorce is contested or uncontested, it remains a legal proceeding with far-reaching consequences that can affect your financial stability, living arrangements, and familial relationships for years to come.

An uncontested divorce occurs when both spouses agree on all key issues, such as child custody, asset division, and spousal support. This mutual agreement eliminates the need for court intervention to resolve disputes, potentially resulting in a quicker and less costly legal process.

Conversely, a contested divorce is one where the spouses disagree on one or more critical matters, requiring negotiation, mediation, or a court trial for resolution. Given its complexity, having legal representation in a contested divorce is often considered essential.

Virginia's Legal Requirements for Divorce

Virginia upholds specific prerequisites for couples seeking a divorce. Firstly, to file for divorce, at least one spouse must have been a legal resident of Virginia for at least six months before the divorce filing.

Secondly, the state mandates that couples live separately for a certain duration before filing for a no-fault divorce—typically six months without minor children and one year if the couple has minor children. Separation means living apart without cohabitation and any interruption in such an arrangement.

If you and your former partner meet these requirements, you can proceed with filing for your divorce in Virginia.

Do You Need a Lawyer?

While Virginia law does not demand you have legal representation to obtain a divorce, the court system and legal professionals alike strongly recommend that individuals seek guidance from an experienced divorce attorney. Even in an uncontested divorce scenario, legal representation can be critical.

Working with an attorney has many benefits, including:

• Protecting your best interests: Without an attorney, you risk inadvertently waiving important legal rights, such as custody or property rights. Your lawyer can provide insight into Virginia divorce and family law, helping you confidently make informed decisions.
• More equitable settlements: Lawyers can help review the terms of settlement agreements for fairness and sustainability. Without legal guidance, you may agree to terms that seem equitable now but are detrimental in the long term.
• Help with legal paperwork: The divorce process involves extensive paperwork and documentation that must be completed accurately and filed in accordance with strict court rules. Mistakes can lead to delays or legal issues.
• Advocacy during negotiation and disputes: If disagreements arise during the divorce proceedings, a lawyer skilled in negotiation, like ours at The Law Offices of Daniel J. Miller, can help find solutions, potentially sparing you from court intervention.

A Single Consultation Can Make a Difference

While it's true that uncontested divorces are more straightforward than contested ones, they still have the power to shape your future. Consulting with an attorney does not necessarily mean you are gearing up for a legal battle; it is a measure to safeguard your future.

At The Law Offices of Daniel J. Miller, our approach is compassionate and professional, always aimed at reducing the strain divorce proceedings can exert on an individual. We encourage anyone going through this transition to consider reaching out to our lawyer for legal counsel.

Contact us online to explore how we can assist you during this pivotal life event.