When a person is stopped for a minor traffic infraction in Herndon and they wind up with a DUI, they may not understand how they got to that point. A Herndon criminal lawyer can work with a person to determine whether their constitutional rights were violated during the stop and what information will be necessary to obtain prior to their court appearance.
When a person does not have a strong DUI defense, what may seem like a traffic infraction can have a major impact on your future.
Because the Town of Herndon is small but has a number of venues where patrons can consume alcohol, DUI laws are enforced very strictly. As the town does have a significant Old Town area, it is common for the Town of Herndon Police Department or the Fairfax County Police Department to employ checkpoints to check driving activities.
These checkpoints most commonly occur on side streets and in and around major highways. For example, the side streets near the Fairfax County Parkway, the side streets near the Herndon Parkway, and the side streets in downtown Herndon are common checkpoint areas. It is uncommon that a traffic checkpoint would occur on a major road as it would be an impediment to traffic.
In addition, these checkpoints are typically advertised either in the local newspaper or on the local websites.
Checkpoint patrols are done for a variety of things and are more commonly done in the summer months than in the winter months. The primary concern for police conducting checkpoint activities in Herndon is to apprehend people who are driving under the influence, as well as unlicensed and uninsured drivers. During Virginia DUI checkpoints, police officers have set procedures and protocols they must follow.
If they are not followed, it may result in an invalid checkpoint arrest, which is when speaking with an experienced Herndon DUI lawyer would be valuable.
When a person is charged with a DUI, they are at risk of facing numerous criminal penalties. When a person is convicted with a criminal offense for the first time, they can face up to a year in jail and be forced to pay a fine that ranges from $250 to $2500. Depending on their BAC, a person may be required to stay in jail for a minimum number of days. These penalties increase when a person is convicted for the second time. When this happens, a person can face between a month and a year in jail and have to pay a fine between $500 and $2500.
When a person is convicted for the third time, they are charged with a Class 6 felony and they are required to spend a mandatory 90 days or 6 months in jail depending how old the prior DUI conviction is. While the penalties for these charges can be rather severe, a Herndon DUI attorney can help you through the process. They will work with local prosecutors to help you mitigate the negative consequences.
In the United States, a person is innocent until proven guilty. Thus, when a person is charged with a criminal offense, they must do everything legally possible to get their charge dismissed or pleaded down. A Herndon DUI lawyer can work with a person to analyze the facts of their case and determine the available steps.
If you have been charged with a DUI then you should not hesitate to contact a DUI lawyer. Our legal team is available to schedule your free consultation at a time that works best with your schedule.
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