James Parrish

Do You Have to Get Out of the Car if Stopped by the Police? Plus 4 Things the Prosecutor Must Prove

This article is designed to educate the reader regarding the legalities of what a law enforcement officer may and may not do following a traffic stop. It also demonstrates 4 items, which the prosecutor must prove during trial in order to obtain a conviction for DWI/DUI in the Courts of Virginia.

So you have been stopped by law enforcement under the suspicion of violation of a traffic law such DWI/DUI in Virginia and told to to get out of the car.

Do you have to?

In a word, yes.

If you refuse to get out of the car after you have been stopped by the police, then you will be placed under arrest.

Also, if the police officer wants to "pat you down," then you must let him as he has a legal right to do so.

The object of the "pat down" is for the officer to be sure that you don't have any weapons or other dangerous items with which he could be hurt during his interaction with you. (Of course, there are limits to the invasiveness of the "pat down," but we will discuss that at another time.)

If you refuse to let the officer perform this "pat down," then you will likely be arrested and force may very well be used to ensure the safety of the officer.

If this type of search goes too far or if the police officer exceeds his legal authority, then any evidence gained from the illegal activity can be "suppressed" or "thrown out of Court."

An experienced Virginia DWI/traffic lawyer will know what to do under these types of circumstances, as well which challenges to raise in Court and in negotiations with the prosecutor.

Speaking of the prosecutor, did you know that he must prove the following 4 things in Virginia in order to obtain a conviction for DWI/DUI?

1. You were actually the person driving or operating a motor vehicle. In other words, they can't just assume you were the driver and ask the Court to do the same.

2. The reason you were stopped or pulled over by the police must have been constitutionally valid. This means that the authorities have to prove that you were stopped under the reasonable belief that you were violating a law.

3. The authorities had probable cause to arrest you for Driving While Intoxicated. If the prosecutor can't prove probable cause, then the Court must dismiss the case against you.

4. At the time of your driving or operation of a motor vehicle, your blood alcohol concentration was at least .08 or you were under the influence of alcohol.

Again, a lawyer who regularly handles these types of DWI/DUI cases in Virginia will know these 4 things and will hold the prosecutor's feet to the fire when it comes to their burden of proof.

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