Henrico VA Possession of Marijuana & DUI Dismissed:From Stop to Not Guilty

Many Henrico County DUI investigations begin as a traffic stop for excessive speeding. Riley & Wells Attorneys-At-Law successfully represented a client in the Henrico Courts for allegations of Driving Under the Influence of Alcohol and Possession of Marijuana leading to a DISMISSAL. Our client was initially pulled over by the Henrico County Division of Police for travelling 59 miles per hour in a 45 mile per hour speed zone. There was no evidence of weaving, running off the road or anything else to indicate impaired driving. Below is a step-by-step explanation of that representation.

Driving Under the Influence of Alcohol Investigation

Most DUI cases begin with the police officer asking the motorist for a driver's license and vehicle registration.The police officer made contact with our client, secured the driver’s license and vehicle registration, and asked our client if he had been drinking alcohol earlier in the evening. Our client was honest and had indicated that he had been drinking beer earlier at a friend’s house. The police officer became suspicious that our client was possibly in violation of the DUI law after he admitted to recently drinking alcohol. NOTE:  Many motorists do not know that they have a constitutional right to not answer a policeman’s questions.

Field Sobriety Exercises

Henrico County Police will conduct field sobriety exercises to gather evidence of intoxication if they believe the motorist is driving drunk.The police officer continued asking our client a series of other questions and begin to administer various field sobriety exercises. The most common field sobriety exercises are the Horizontal Gaze Nystagmus, the One Leg Stand, and the 9 Step Walk and Turn. In addition to these popular exercises, there are countless other means that a police officer may use to gather evidence of intoxication. Our client answered questions and performed the requested exercises. NOTE: A motorist is not required to perform such exercises.

Preliminary Breath Test

A preliminary breath test is a device used by Henrico Police to gather probable cause evidence to arrest for DUI. A preliminary breath test may be offered to any person suspected of DUI, but such person is not required to submit to such a test. In essence, this test is for probable cause purposes only. This is often the last test a police officer offers to the motorist before making the decision to arrest for driving under the influence. Our client submitted a breath sample that was analyzed to have a blood alcohol content of 0.10. It was at this point during the investigation that our client was arrested.

NOTE: A refusal to submit to a preliminary breath test is not evidence in a DUI prosecution.

Search Incident to Arrest

Possession of marijuana is a criminal offense in Virginia.Search incident to a lawful arrest is a legal principle that allows police to perform a warrantless search of an arrested person and the area within the arrestee’s immediate control. It was during this search that the police officer found a very small amount of marijuana in the center console of the vehicle inside a sunglasses case. Marijuana is a criminal offense in Virginia. Our client indicated that he did not know anything about the marijuana recovered by the police. Our client was also arrested for Possession of Marijuana.

Actual Copy of Criminal Complaint & DUI Investigative Worksheet

Breath Test at the Police Station

Virginia breath test machineProbable cause evidence of DUI on a public highway triggers the implied consent law and the requirement to provide a breath sample for testing. An unreasonable refusal to submit a breath sample for testing may generate an additional charge of Refusal. Our client provided breath samples for testing as instructed. The breath test result was analyzed to contain a blood alcohol content of 0.09. Cases involving a blood test are handled differently.

NOTE: Some motorists refuse the breath test to limit evidence of intoxication.

Actual Copy of Breath Test Certificate of Analysis

Magistrate Issues Arrest Warrants & Determines Initial Bond

A Henrico County motorist arrested for DUI is taken for a breath test at the station and taken before the Magistrate. The police officer is required to take the arrested motorist before the Magistrate who determines if there is probable cause evidence for an arrest warrant to be issued. If such warrant is issued, then the Magistrate must also make an initial bond determination to ensure the motorist will appear in Court as instructed and is not a danger if released. In our client’s case, arrest warrants were issued, our client was processed, committed to the jail for several hours and was forbidden to travel outside the state.

Actual Copy of Fingerprint Card

Jail & Bail Bondsmen

A DUI arrest will typically land you in jail for the night to sober up. A bail or bond will also be set to ensure that you keep the peace and apper in CourtIn most DUI cases, the motorist – now inmate – has been committed to the local jail. This process serves two purposes in DUI cases: 1) to sober up; and, 2) to await being bailed or bonded out of jail. Bail is the pretrial release of a person upon certain terms or conditions set by a judicial officer. Bond is the actual posting or promise to pay a specific sum as ordered by a judicial officer to assure a defendant’s compliance with the terms of bail. Examples of bond are personal recognizance, unsecured and secured bonds.

Actual Copy of Jail Committal, Bail, Bond, and Release Documents

Administrative Suspension of Driving Privileges

A breath test result of 0.08 or more will result in an administrative suspension of driving privilegesIf the breath test result contains a blood alcohol content of at least 0.08 or there is a refusal to submit to the breath test, then the privilege to operate a motor vehicle is immediately suspended. The suspension is for 7 days unless the arrest is for a second or subsequent offense. Restricted driving is not permissible.

Actual Copy of Administrative Driver’s License Suspension


The arraignment and all judicial motions along with trial are conducted at the Henrico Courthouse. The first hearing before the Court after the arrest is called an arraignment. The arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her and to advise the defendant of the constitutional right to counsel. In many instances, the defendant will have secured representation before the arraignment, but it is not necessary. A trial date is set at the arraignment and the case begins to move forward.

Actual Copy of Order Acknowledging Right to Counsel

Secure Quality Representation 

An experienced and skilled criminal defense attorney will know how to best represent his or her client. Select representation wisely. REMEMBER: An arrest is NOT a conviction. Our lawyers use every tool the law allows to best protect our client and to prepare the best defense possible. Each case will require gathering all the facts, filing and arguing various motions, conducting legal research and preparing solid defenses that are actually recognized by the Courts.

Actual Copies of Relevant Material in Client’s Case File

The Criminal Trial & Plea Negotiations with the Commonwealth Attorney

Riley & Wells Attorneys-At-Law prepare every case for trial, but not every case goes to trial. In some instances, we can persuade the prosecution with our theory of the case, certain evidence or anticipated arguments that generate a plea agreement offer from the prosecution that would be in our client’s best interest to accept rather than taking the case to trial with a Judge or Jury. In this case, we proceeded to a bench trial after pretrial negotiations were unsuccessful.

Henrico County Judge Finds our Client NOT GUILTY

the u.s. Constitution guarantees certain rights of individuals and people accused of criminal offenses. the search and seizure law is critical to any marijuana possession caseCriminal trials can be complicated. There may be several witnesses with detailed facts. The lawyers often object to evidence being offered in the case. Some arguments make sense to the lay person while others are very technical and are only understood by a highly trained criminal law attorney. In this case, we were able to convince the Judge that our client was neither intoxicated nor had an excessive blood alcohol level at the time of driving and that our client had no knowledge of the marijuana in the vehicle.

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4/1/2017 | 6/20/2019