All Virginia Courts follow the dui laws but also every court is different with local procedures.
In Norfolk every dui is prosecuted by a Commonwealth's Attorney
A prosecutor is assigned the dui cases on a particular court day. That prosecutor gets the file weeks before the trial. They are responsible to provide information from that file if a motion for discovery is filed with the court. Every defense attorney should get discovery to prepare for trial.
Not all dui arrests in Norfolk have video.
Video is becoming more common but in Norfolk there may or may not be video of the arrest and field tests. If there is video it should be reviewed by the defense attorney and defendant in advance of trial so there are no surprises.
Blood tests, breath tests and hospital records.
A person arrested for a dui is presumed to consent to a breath or blood test. There are penalties for refusing. The officer decides which test to offer. If he suspects drugs are causing the impairment then only a blood test will confirm that. But if there is an accident and he is unable to get either then the hospital records can be used in court.
The Court is familiar with Navy requirements.
The Norfolk Court and prosecutors are familiar with the requirement of the Navy. They are flexible scheduling trial dates and working with reasonable duty requirements. A defense attorney should be familiar with this and schedule hearings around deployments or TADs to keep a defendant from getting into more trouble with the Navy.
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