Monte E. Kuligowski, Esq.
Serving Chesapeake, Virginia
Monte Kuligowski is licensed to practice law in all Virginia courts and is admitted in the United States Supreme Court.
Call me today:
Legal Defense Center
3640 S. Plaza Trl., Suite 202
Virginia Beach, VA 23452
Chesapeake: 1403 Greenbrier Parkway,
Chesapeake, VA 23320 (by appointment only)
Atty. Monte Kuligowski has been practicing DUI law since 1997 and is a published author in law journals on Virginia law and in the field of Virginia DUI law.
Atty. Kuligowski has won cases at every court level in Virginia, including the Virginia Supreme Court.
Atty. Kuligowski has extensive experience with DUI cases, including blood draw cases, high BAC cases, second and third offense cases, felony cases, boating cases and an operating an aircraft under the influence case.
When the power of the state is set against you, you have the right to retain an experienced Virginia DUI lawyer who knows the law and how to protect your constitutional rights.
To get the peace of mind you need call the office today to schedule an appointment to meet with Monte at your convenience.
Chesapeake DUI Lawyer
When you need an experienced Chesapeake, VA defense attorney
A DUI investigation and arrest may be one the most stress-producing experiences you will ever face.
A driving under the influence conviction can have serious consequences under Virginia law, including the possibility of a mandatory or discretionary jail sentence; license revocation or suspension; heavy fines; ASAP fees; increased insurance rates; and, a misdemeanor or felony criminal record.
No two DUI cases are exactly the same. Therefore, it is important to have an experienced Chesapeake DUI lawyer to evaluate your fact-specific case, applying the law to your individual circumstances. Attorney Monte Kuligowski will review the legality of the traffic stop itself and the entire police investigation and arrest. In accident cases, officers must produce additional evidence to prove the case, including knowledge of the time the driving ended.
Though a traffic stop requires a lower standard than probable cause, the police must at least have an articulable suspicion that a crime is afoot or that the driver is in violation of some motor vehicle law. The initial contact with the police is an important factor which sometimes renders all subsequent police contact inadmissible in court.
The police are required to follow law, policy and procedure when investigating DUI cases. Even words spoken or omitted may have consequences. And, the manner in which the field sobriety tests are administered are consequential in determining whether the test results are reliable or even accurately attained.
There are three standardized field sobriety tests which were developed by the federal government and adopted by all 50 states. They are the horizontal gaze nystagmus test, the walk and turn test and the one legged stand test. Each test must be administered according to the National Highway Traffic Safety Administration's training manual. The tests are not at all flexible and must be administered in a standardized manner and evaluated by the officer, using the standardized clues for interpretation. If the officer fails to give proper instructions on each test, if the basic test conditions are compromised or if the officer interprets the suspects movements in a way that deviates from the training manual, the test results could be compromised and hence, unreliable or even inadmissible.
In Virginia, a DUI suspect has the right to a preliminary breath test prior to arrest, if a hand held alco-sensor device is available. The accused also has the right to decline the preliminary test and that decision may not be used against a defendant in court. The results of a preliminary breath test are not admissible in court for purposes of evidence for conviction. If probable cause for arrest is challenged in court, the results become admissible for the purpose of establishing probable cause for arrest.
After a valid DUI arrest in Virginia, the arrestee must submit to a chemical breath test, normally administered at the police station. If the suspect unreasonably refuses to take the test he/she will be charged with a separate offense of "refusal," which, if upon conviction will result in a mandatory license revocation for 12 months without the possibility of a restricted permit. A second offense refusal carries additional revocation and also carries jail time.
Prior to taking the breath test on the new EC/IRII machine at the police station the suspect should be observed for a 20 minute period to ensure no burping occurs prior to taking the test. A burp can cause ethanol from the stomach to be released. Undetected gastroesophageal reflux movements may also cause the results to be skewed by mouth alcohol, resulting in a higher BAC number than should be produced.
Whether you or a loved one is charged with a first offense DUI or a second or third offense, there are many factual and legal issues which an experienced Chesapeake DUI lawyer can spot and which may be used in some instances to mitigate the charge or sentence.
Even in cases with heightened BAC levels which trigger mandatory jail time, factual and/or legal and constitutional defenses may apply to circumvent the imposition of a mandatory sentence.
Every case is different and should be evaluated by an experienced Virginia DUI lawyer.
Nothing on this site is to be construed as legal advice. The contents of this site are for informational purposes only. Please contact the above Virginia DUI lawyer to schedule a confidential, attorney-client conference from which legal advice will be provided.
3640 S. Plaza Trl., Suite 202, Virginia Beach, VA 23452
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Click here to read Monte's publication, "Rethinking DUI Law in Virginia," in the University of Richmond Law Review.