Burke Crime

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Virginia DUI When considering prior offenses, do they use the offense date or the conviction date in the prior 10 year period?
Virginia DUI When considering prior offenses, do they use the offense date or the conviction date in the prior 10 year period?
In Virginia, the court looks at the date the offenses were committed, independent of the date of conviction.
Whats the cost of open container ticket and how does it affect license points?
I was charged a ticket for having an open container. However I was not drinking and driving. The violation was listed as 5-1-25. The officer did not tell me the price of the fine. What can I expect to have to pay and will it have an affect on my license if I was not DWI?
Your ticket will have information directing you to a court where your case will be handled.There could also be a...
How to obtain FAA aeromedical cert with expunged VA DWI change and refusal conviction
Several years ago I was arrested for DWI in Virginia, with an additional refusal charge. The DWI was eventually nolle'd in exchange for a guilty plea to civil refusal. Arrest records relating to the DWI charge were then expunged. My driving privilege in VA was suspended for a year in VA for the refusal, but my home state took no action on my license and it doesn't appear on my driver's abstract. I'm now seeking to get FAA aeromedical certification for a private pilot's license. Given that the arrest was expunged, and that a record (in VA) of the refusal suspension is still out there, how should I answer the DUI question on the FAA medical form? I've read that the FAA views "refusal" as equivalent to profound alcoholism, that my medical cert will be deferred to OKC, and that I will ultimately have to prove sobriety to the FAA by submitting to some sort of extremely lengthy and expensive inpatient substance rehab program. How should I approach this? Can an attorney be of any help?
I'm a pilot.. I've got news for you, the FAA don't give a crap about expungements. You need to hire an administrative...
Is it police coercion? And is FST admissible?
I was pulled over for ruining red light. I told arresting officer and 2 partners I did not want to perform FST and to give me a ticket or take me to jail. The arresting officer said based on his observation he would arrest me for DUI. And further said my option was take FST or go to jail. I felt I had no choice in the matter and performed FST. Got arrested anyway.
You're going to need a lawyer to help you in court. Based on what you've said, it may be possible to keep the field...
I need to know if you think I can fight this and have the interlock removed around the original removal time.
Hello! I have an interlock in my car because of a DUI. I have had the interlock for 5 months now. A few days ago I tried to start my car and failed twice. Please read the following and help me: The interlock asks for a retest within 5 minutes, I retested within the 5 minutes and failed, I stepped out of my vehicle to call my boss to let him know I would be running late, and I also called life safer to see if anyone could answer why my car was failing me. I guess that took more time than anticipated. I was supposed to retest at 8:38 and I did not retest until 8:45 because I was on the phone. Now because of the 7 minute window that I did not retest she is extending my interlock time for 6 months. However I did pass the test the third time. There was no alcohol in my system. The morning of I used a whitening gel with 35% peroxide along with God knows what. I thought I had given myself enough time to pass the the initial test but I guess not since it failed me two times and then I passed the third time. I am filing a motion and presenting my case in front of the judge on March 25th. I can not continue to have this device in my vehicle. Do you think I have a strong case?
I do not think you have a strong case. When you are placed on the program with the interlock and provided the...
How will a dismissed/expunged DUI affect citizenship?
I was charged with a DWI first offense in Fairfax County VA. The officer made a mistake by arresting me and I hired a lawyer. The case was obviously dismissed by the judge and the charges expunged. I am a US permanent resident and am now eligible for citizenship, do I have to mention this incident on my N-400 (because my case was dismissed and expunged therefore it "legally" never happened). Furthermore, am I going to face any problems with obtaining my citizenship?
The N-400 specifically asks if you've ever been arrested or cited - don't try to hide anything just because it was...
When my future employer ask if I had any alcohol related charge, do I say yes? or am I safe to say no.
I was arrested with DWI charge, but the charge was amended to Reckless Driving.
Depends how the question is asked and what you actually plead to. Sometimes employers ask "have you ever been...