Del. Chris Hurst blows over blood alcohol limit in Christiansburg traffic stop, is released with warning
On Sunday, Jan. 26, at approximately 2 a.m., an officer with the Christiansburg Police Department initiated a traffic stop on the U.S. 460 Bypass, between the downtown Christiansburg and Peppers Ferry Road exits. The officer pulled over a vehicle, which was traveling west toward Blacksburg, after he observed the vehicle swerve across the right side fog-line several times. The vehicle was also observed to be traveling over the posted speed limit for a brief period of time.
When the officer approached the driver, he noticed that the driver’s eyes were red and he smelled the odor of alcohol coming from within the vehicle. The office obtained the driver’s operator’s license and conducted a routine check of the license status. He then explained his observations to the driver and asked him to follow his pen with his eyes. After noticing a lack of smooth pursuit, he then asked the driver, Chris Hurst, to step out of the vehicle and perform field sobriety tests. The officer administered three field sobriety tests and a preliminary field breath test, which is a portable breath test used in the field to assist the officer in determining if a person is impaired. The results of a preliminary breath test conducted in the field are used as an investigative tool, but are not admissible as evidence in court. Hurst complied with the officer’s request and performed all the tests.
Hurst’s preliminary breath test registered a blood alcohol concentration (BAC) of .085. The officer determined that by the time Hurst was brought into the magistrate’s office for a formal breathalyzer test– which is the only admissible test in court – Hurst would be under the legal limit. Because of this, along with Hurst’s overall performance during the field sobriety tests and coupled with the fact that Hurst had a sober companion in the vehicle who could drive him home, the officer released Hurst without charging him. The officer was aware that Hurst is a delegate, but neither the officer nor Hurst mentioned this fact at any time during the encounter.
Additionally, according to Section IV, Article 9 of the Constitution of Virginia, unless they have committed treason, a felony, or a breach of peace, legislators are immune from arrest while the General Assembly is in session. Neither the officer nor Hurst mentioned this law, but the officer was aware of the law’s existence, because it’s taught during the police academy. This provision of the State Constitution makes it highly unlikely that Hurst could have prosecuted in court even if he had been arrested. The officer weighed all of the factors and made a judgement call, as is done each and every time an officer decides whether or not to make an arrest. The officer, Lt. Stephen Swecker, is highly experienced in DUI detection and enforcement. He has been recognized and awarded by Mothers Against Drunk Driving on at least four occasions for his performance in this area.
Melissa Demmitt
Public Relations Director
Town of Christiansburg
He should not be above the law. If he had been a regular citizen I am sure he would have been arrested.
I wonder if they will now start letting everyone else who blows a "slightly" over the limit BAC go with a warning?????? Everyone who has EVER been arrested, charged, and convicted of a DUI in the state of Virginia should be contacting their attorney. VIRGINIA should back-pay each one of
...read more...Noooooo he needs his rights removed he needs the same rules rest of us get After assembly take him in. He isn’t good role model. When they handed me my ballot and I found I had no choice but to vote him I said never mind i planned on voting
...read more...This is not right. Supposedly, they are no different then us. They are suppose to work for us. Plus this goes against what he is pushing for with respect to drunk driving. Hope he didn't have a hand gun!!!! Damn Hypocrite
This is bull....they are no different than anyone else who is stopped....seems if you are into politics you can get away with murder!
Another democrat above the law
That was an above the law move if it had been me i would have been arrested .( crooked )
Maybe his BAC was coming down but it could have been going up, if that was a normal citizen they would have been arrested
This is why so many people have no respect for the law or anyone to do with the government. He is no different than anyone else as far as the officer he should lose his job on this. Corruption runs deep in this country. And somehow we as the people
...read more...These Government leaders should be held to follow the laws the same as any other person! Should not be an exemption!
The Virginia constitution is the law. The officer did his job...period. want to be mad vote!!!! Vote! Vote to change the law in your state vote to change this law.
This truly disgust me. My brother was killed by a drunk driver at the age of 35 years old. My question is if there was a sober driver in the passenger seat why was he not driving.The system is so twisted.
He's no better than anyone else. LOCK HIM UP...
This is bullshit!! My first dui i went to jail had to get bonded out on a $7500 bond and then the dui violated my probation i was on for a diffrent charge years ago and i ended up doing 2years and 20days of my life for that dui and
...read more...This drunken bum should be locked up like every other drunk driver, He is NO ONE SPECIAL. Liberal POC
If there was a sober passenger in the car, why was Hurst driving. Next time it happens will he be allowed to go on his merry way.
Kudos to CPD! The officer knew that he would likely lose in court, made sure there was a sober driver, and made a full report. The department then made a press release! Let the voters hold this public servant accountable. Don't like the law? Write to your state legislators, and
...read more...Why did the officer assume that his blood level would be lower later on? Why wasn’t he ticketed for driving over the soees limit, that isn’t forgiven when he is In Session is it? “ The officer pulled over a vehicle, which was traveling west toward Blacksburg, after he observed
...read more...Another Dem. Scott free. I think in Nc. He would have to get a tickett or be fired. State worker. This may have changed now with all the crooks in office. He knew better.