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).
Contact Us for a Free Consultation
703-352-9044
Virginia Court of Appeals Decision on Miranda and DUI Field Tests
Areas Served by the Law Firm
The law office serves clients throughout Virginia including those in the following localities: Fairfax; Fairfax County including Annandale, Burke, Centreville, Herndon, and Vienna; the City of Alexandria; Arlington County including Arlington; the City of Falls Church; Fauquier County including Warrenton; Frederick County including Winchester; the City of Fredericksburg; Loudoun County including Ashburn and Leesburg; Clarke County, including Berryville; Prince William County including Woodbridge, Dumfries, Haymarket, and Manassas; Spotsylvania County including Lake Wilderness and Spotsylvania Courthouse; Stafford County including Stafford; Warren County including Front Royal; Shenandoah County, including Woodstock; Caroline County, including Bowling Green; Hanover County; King and Queen County; New Kent County; Chesterfield County; Henrico County; Westmoreland County, including Montross; King George County; Greensville County, including Emporia; Prince George's County; and Sussex County.
Office Location
Menu
- Attorney Profile
-
Practice Areas
- Home
-
Criminal Defense
- Assault and Battery
- Assault and Battery of a Family or Household Member
- Embezzlement Charges
- Expungement of Charges
- Grand Larceny and Petit (Petty) Larceny
- Juvenile Criminal and Traffic Defense
- Malicious Wounding and Unlawful Wounding
- Marijuana Possession and Distribution in Virginia
- Misdemeanor Defense
- Possession of Cocaine
- Failure to Appear on Criminal and Traffic Charges in Virginia (FTA)
- Underage Possession or Consumption of Alcohol
-
Traffic Defense
- Driving on Suspended or Revoked License Cases
- Virginia Laws on Driving Without a License
- Driving Without a License
- Traffic Violation Expungement
- Reckless Driving
- Speeding Ticket Defense in Virginia
- Eluding Police in Virginia
- Virginia Division of Motor Vehicles (DMV) Points for Traffic Convictions
- Following Too Closely
- DUI / DWI Defense
-
Articles
- Bicycles and Fairfax Traffic Violations
- Case Law on Juvenile Appeals: Virginia Court of Appeals decision
- Charges for DUI/DWI in Cases With Serious Injury or Loss of Life
- City to Increase Red Light Cameras
- Common DUI Defenses in Fairfax, VA
- Defending Juveniles’ Rights in Virginia
- Defenses to Virginia Marijuana Possession Charges
- Do I Have to Let the Police Search my Car?
- Fairfax Authorities Searching for Two Men Implicated in Sexual Assault
- Fairfax County Defense Attorney Examines iPhone Theft
- Fairfax County Traffic Case Defense, Fines, and Court Costs
- Fairfax DUI Lawyer on New BAC Recommendations
- Fighting Drug Charges in Fairfax
- General Assembly Passes Texting While Driving Law
- Helping You Avoid DUI Conviction in Fairfax
- Heroin Use on the Rise
- How to Avoid Points on your License in Virginia
- Interlock Device Use Up 75%
- Laws and Penalties of Embezzlement, Grand Larceny, Petit Larceny and Shoplifting in Virginia
- Legislators Consider Cracking Down on Cigarette Smugglers
- Mall Slasher Convicted of Malicious Wounding
- Man Who Robbed Fairfax Denny’s Sentenced
- Many People Ticketed Under New Texting Law
- Marijuana Arrests Up in Fairfax County
- Marijuana Possession Laws and Penalties in Virginia
- New Virginia DUI Laws
- Over 1,000 Drivers Cited During Safety Campaign
- Overview of Search and Seizure Law
- Pennsylvania Court to Hear Challenge to Breathalyzer Evidence
- Police Look to Old Law to Fight Distracted Driving
- Possession of a Controlled Substance Defenses Virginia Court of Appeals Decision
- Recent Virginia Supreme Court Ruling on DUI Laws
- Reckless Driving Defenses in Virginia
- Reckless Driving Offense Can Be Serious
- Right to Remain Silent – Understanding Your Rights
- Serial Groper Strikes Again in Fairfax County
- Study: Majority of Homicides Related to Domestic Disputes
- Teen Girls Charged with Sexual Assault
- Traffic Violations and Tickets in Fairfax
- Tragic End for Fairfax Domestic Dispute
- Types of Assault and Battery in Virginia
- U.S. Supreme Court Decides Dog-Sniffing Case
- U.S. Supreme Court to Determine Validity of Warrantless Blood Draw in DUI Case
- Use of a Firearm in Commission of a Burglary Conviction Reversed by Virginia Supreme Court
- Vicious Assault Caught on Tape
- Virginia Court of Appeals Decision on Marijuana- Constructive Possession and Car Ownership
- Virginia Court of Appeals Decision on Miranda and DUI Field Tests
- Virginia DUI Defense Strategies
- Virginia Embezzlement Defenses
- Virginia Reckless Driving Charges for Out of State Drivers
- Virginia Supreme Court Reverses DUI Conviction for Invalid Arrest Major Case Development
- Virginia Woman Raped, Police Seek Suspect
- What Are Virginia Domestic Violence Laws?
- What is Considered Reckless Driving in Virginia?
- What is Probable Cause?
- What is Virginia Criminal Statute 18.2-248.1?
- Recommendations
- Contact Us
- Case Results