DUI and Divided Attention Tests

The lawyers at Montagna & Montagna, P.C. practice extensively in Norfolk, Virginia Beach, Portsmouth, and the other cities in Hampton Roads. Thus, we are very familiar with divided attention tests, which are frequently used by the police before placing a person under arrest for DUI.
People, who are sober, may generally be able to focus are multiple tasks simultaneously. However, people, who are impaired by alcohol or drugs, have a difficult time dividing their attention to accomplish multiple tasks at once. Thus, police will utilize divided attention tests to determine whether an individual exhibits clues of driving under the influence of alcohol or drugs.
The most effective divided attention tests require the same physical and mental capabilities that an individual uses while driving. For example, the tests judge information processing, short term memory and judgment and decision making, balance, vision, muscle control, coordination, and reactions to stimuli.
Two popular tests approved by the National Highway Safety Administration (NHTSA) are the walk and turn test and the one leg stand test.
When a police officer has an individual perform the walk and turn test, the officer is looking for eight clues of possible intoxication. The eight clues are lack of balance during instruction stage, beginning the test too soon, stopping while walking, heel to toe more than one inch apart, steps off the line, using one's arms for balance, loss of balance on turns or making a turn incorrectly, and an incorrect number of steps.
The one leg stand test requires an individual to divide his or her attention between two stages, the instruction stage and the balance and counting stage. An individual who has a hard time counting or maintaining balance may be impaired.
Frequently, police officers will ask an individual, who is suspected of driving while intoxicated, to perform other field tests. However, many of the tests have not been approved by NHTSA.
A police officer may ask someone to recite the alphabet from A to Z or from A to K. Other officers will ask someone to recite the alphabet backwards. Additionally, some officers will have someone touch their nose with their index finger or touch their thumb to all the fingers on the same hand as the thumb. The defendant's attorney should vigorously cross examine the police officer about these non approved tests.
The lawyers at Montagna & Montagna, P.C. know how to cross examine police officers involved with a DUI arrest. We welcome the opportunity to discuss your case with us and to assist you in preparing a zealous and complete defense.

Arizona v. Gant

As the Supreme Court of the United States held, "Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of the arrest."

Examples of Jurisdiction and Modification of Child Support Orders

A. Original order entered in VA with noncustodial parent in VA and child and custodial parent moving out of state: VA only state than can modify and enforce order

B. Original order entered in VA and all parties have moved out of state: VA loses ability to modify order but it can continue to enforce the order until modified by other state

C. Order entered in another state, with custodial parent and child in Virginia and non custodial parent out of state:
1. Custodial parent cannot modify order in VA and must got to noncustodial parent's state.
2. Noncustodial parent could modify order in VA