DWI - grounds for dismissal

06-21-2002, 10:20 PM

Phil111

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DWI - grounds for dismissal

What is the name of your state? Virginia

I was recently charged with a DWI. I have learned so far that in the state of VA, prior to doing the breath test, the officer must advice you of your right to observe the process of the test. This was not done. The officer at the station simply said "have you burped or regurgitated" "ok blow". She signed the certificate stating that she had however. Also, the arresting officer stated his probable cause for stopping me was that I was "swerving", which I believe I wasn't. In both incidences it seems thier word vs. mine. Are either of these grounds for dismissal and if so, what is considered proof? Or should I try a plea bargain?

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