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Virginia Court of Appeals Decision on Miranda and DUI Field Tests

The Virginia Court of Appeals recently ruled in Gibson v. Commonwealth of Virginia, that an officer is not required to read a suspect Miranda rights before administering field sobriety tests in a DUI stop. The Court stated that the physical performance of field sobriety tests are not testimonial communication. The Defendant was unable to suppress the results of the field sobriety tests as evidence. The Court citation was Va. App. , S.E. 2d (03/22).

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We serve clients throughout Virginia including those in the following localities: Fairfax; Fairfax County including Annandale, Burke, Centreville, Herndon, and Vienna; Alexandria; Arlington County including Arlington; Falls Church; Fauquier County including Warrenton; Frederick County including Winchester; Fredericksburg; Loudoun County including Leesburg; Prince William County including Manassas; Spotsylvania County including Lake Wilderness and Spotsylvania Courthouse; Stafford County including Stafford; and Warren County including Front Royal.