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Traffic Stop DUI Richmond Virginia Laws Accident Violate Fifth Amendment Rights

Traffic Stop DUI Richmond Virginia Lawyer Accident Violate Fifth Amendment Rights

Charles v. Commonwealth


In a driving under influence (DUI) case, the Defendant appealed a judgment by the Court of Appeals (Virginia) that upheld the Circuit Court’s denial of his motion to suppress; defendant claimed that his Fifth Amendment rights were violated because a reasonable perso

n in his situation would have concluded that he was not free to leave the scene of an accident.

Traffic Stop DUI Richmond Virginia Laws

Traffic Stop DUI Richmond Virginia Laws

If you are facing a traffic case in Richmond, Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.


            The Virginia Court made the following holding:

  • If a motorist who has been detained pursuant to a traffic stop thereafter is subjected to treatment that renders him “in custody” for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda.
  • An ordinary traffic stop is more analogous to a “Terry stop” than to restrictions associated with a formal arrest.
  • Because the determination whether a suspect is “in custody” for Miranda purposes requires an objective focus, the only relevant inquiry is how a reasonable person in the suspect’s situation would have understood his circumstances. Thus, the subjective perspective of either the suspect or the interrogating police officer has no bearing on the issue whether the suspect was “in custody” at the time he was questioned by the police.

We also have offices in Fairfax, Lynchburg, Manassas, Loudoun, & Virginia Beach.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building
Richmond, VA 23219

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070

Richmond Juvenile and Domestic Relations District Court


Oliver Hill Courts Building
1600 Oliver Hill Way,
Suite C181
Richmond, VA 23219-1214

Article written by A Sris
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These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.