On May 10, 2012 a judge in Fairfax City dismissed a DWI charge against former head of the Federal Aviation Administration, Randy Babbitt. The issue in the case involved the reason the officer initially stopped Mr. Babbitt’s vehicle. The officer had said Mr. Babbitt was stopped after driving on the wrong side of the road. However, video from the scene indicated it appeared to be a normal left turn. Because the judge saw no valid reason for the initial stop the case was dismissed.
In any Fairfax DWI or Fairfax City DWI, the government is required to prove the officer made a valid stop of the vehicle initially. A good Fairfax DWI lawyer will look into why the officer first stopped the vehicle. An officer is required to have “reasonable, articulable suspicion” before a DWI stop can be initiated. In cases where the officer can’t provide such evidence and the judge will suppress any evidence subsequently discovered and likely dismiss the DWI.