Virginia drivers have the opportunity to dispute any traffic ticket or moving violation assigned to them. In the state demerit points are added to their driving record if they are found guilty of these violations. The accumulation of an excessive value of points could result in license suspension.
They Must Have Probable Cause
All law enforcement officers retain the right to conduct traffic stops if they have probable cause. The concept is proven if you are speeding, missing a tag light, or possess broken tail lights. Swerving or reckless driving is another option to prove probable cause. Checkpoints don't require probable cause and a common area for a Driving w/o insurace ticket in Roanoke Virginia.
Searching Your Vehicle
You retain the right to refuse a search of your vehicle during a routine traffic stop. Under the fourth amendment, you retain this right. However, if the officer has probable cause to believe you've broken the law you could lose this right. For example, if the officer smells alcohol or marijuana on you, they can demand to search your vehicle as possession of a drug or intoxication while driving warrants probable cause. However, the officer cannot search your person unless you are under arrest.
What You Should Know
After a vehicle search, the officer could use any substances found against you. This could warrant additional charges. However, if a breathalyzer test determines that you were intoxicated, the officer can arrest you for DUI. Chemical testing is conducted after the arrest. If the breathalyzer test doesn't produce a blood-alcohol reading, the officer cannot arrest you under suspicion without physical evidence. Intoxication due to controlled substance isn't proven without chemical testing.
Fighting a Speeding Ticket
Conditions that could warrant a not-guilty plead in terms of a speeding ticket include an inability to see posted speeding limit signs. If the signs within the area in which you were issued to citation aren't clearly visible, you could fight the ticket. You'd need photographs or video footage of the area with a time stamp to prove a lack of visibility.
Drivers who receive traffic citations could fight against them in court. What they should realize is that if they choose to fight them, they could face the penalty for the infraction along with legal fees. To discuss the possibility of fighting this battle in court, you should contact a Speeding Ticket Attorney Salem VA today.