Legal Question in Criminal Law in Virginia

Recently I was coming back from a party at my college and when I got closer to my dorm there were campus police that were in front of my dorm. I do not know why there were there, but when I got closer they told me to sit down and that they wanted to talk to me. After talking to them, and being cooperative with what they wanted to know, they gave me a breathalyzer test. I had chewing tobacco in my mouth, and I did not notice this because I was intoxicated. The campus police officer did not notice either and when he gave me the test it gave an error reading on the breathalyzer and he told me that it was broken, so I did not receive another test. After this they took me to my room, and talked to me, telling me that I was not charged criminally, but could receive a judicial charge from my school. Today I got an email notifying me on my charge, and I was wondering if because they did not have an accurate test on me if I could use this to get my case thrown out. Thanks so much.

Asked on 11/12/13, 6:28 pm

1 Answer from Attorneys

Sam Moore Law Office of Moore and Sripinyo, PLLC

Campus "investigations" and "police" activities are often a world unto themselves. They don't always make sense and they aren't always fair, but they can have long-lasting consequences depending on what the school is alleging. All of the facts and circumstances aren't clear from your question, so I would recommend sitting down with a local attorney for a private consultation. Often there are problems with the investigation--such as the faulty test--that you can challenge, but it all depends on the school's procedures and the specific allegations.

Feel free to contact me for a consultation or contact your local bar association for a lawyer referral.

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Answered on 11/13/13, 6:28 am

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