Speeding

Driving While Intoxicated Louisa Virginia Lawyers Maryland Massachusetts Fairfax County Prince William Baltimore Boston Montgomery Cambridge

DONALD E. WILLIAMS, COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES OF THE COMMONWEALTH OF VIRGINIA v. COOPER BAILEY TERRY

COURT OF APPEALS OF VIRGINIA

20 Va. App. 557

At that time, Officer Robertson’s vehicle was located outside of one mile from the town limits, but Breitbach’s speeding car was within that limit. Turning while still outside one mile from the town limits, Officer Robertson pursued and stopped Breitbach. Based on his observations of Breitbach, Officer Robertson arrested him and charged him with driving while intoxicated.  Breitbach moved to suppress all evidence obtained upon the traffic stop, arguing that the stop was unlawful because Officer Robertson lacked authority to act as a police officer or to operate radar outside one mile from the Louisa town limits. The trial court denied the motion.

Whether the offense occurred within the Town of Louisa’s jurisdiction?

The court held that “although Officer Robertson was located outside the one-mile limit, he employed the radar to observe events within that limit. So acting, he perceived circumstances that gave him probable cause to believe that Breitbach was speeding within the one-mile limit. These observations supported Officer Robertson’s hot pursuit of Breitbach. The resulting stop, observations of Breitbach, and driving while intoxicated charge were thus amply supported and proper.

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