I'm am 21, and this dui is my first offence. I only have had one speeding ticket in the past five years, and I'm a very safe driver. I was heading home from a friends house after I had between two and three drinks. I was in an accident, because I thought I saw something move outside to the right of my car, when I looked back I was going threw a stop sign slamming on my brakes. I ended up in a ditch arcoss the road. I had two other passengers in the car with me, but none of us were hurt. I had waited at my friends house for almost two hours before I drove and I felt fine. I blew a 0.81, and spent the night in jail. I was very respectful to all the officers and did everything I was told. I have contacted an attorney, as of today one day after I got out of jail. Is it possible I have a chance
I do not practice in VA, but the policy on reduction of DWI to a lesser charge generally varies from state to state and...
Question is: my DUI 1 was on Sept 1 2009...I recvd a suspended 90 days and got restricted dl. I got another DUI in Nov of same year on my restricted DL. Long story....went to court and was sentanced to 6mo with all but 20 suspended...did my 20....now...after already serving for the 2nd one...I get a summons to show cause why i should not serve the original 90 for violating the 1st one in Sept...Im confused...when I went in front of the Judge for the 2nd he knew it was the 2nd...so why all of a sudden come after me for violating the 1st? Im trying to get my life together..no money for lawyer. Court is Tomm at 8am...what do I expect? Will the Judge give me time to get a court lawyer or will he just throw me in there tomm right away? This all just seems so unfair.
You're confusing issues. When you were sentenced on your 1st DUI and given a 90 day jail sentence, the Court suspended...
I recently was arrested for a DUI in Virginia. My job involves having a security clearance and it requires that I report my arrest the next working day, which I did. Company policy revoked my clearance temporarily so that I can complete a substance abuse program and then have it reinstated upon completion of the program (takes about 6 weeks). My court date was prior to completion of the program so my attorney requested (and was granted) a continuance so that my clearance can be reinstated. The next court date is in 40 days. My attorney advised that performing community service, attending AA meetings could also help get the charges reduced. What else can defendants do to help reduce charges and/or punishment? Thank you for your time.
That's a great question, but it assumes that you and your attorney have decided that "mitigation" and not "litigation"...
I picked up a DUI in Oct 2011 and a DUI 2nd Dec 2011 in the James City County. I have since then completed my jail and began my ASAP counseling. On Nov 2012, I picked up an "Evading and Eluding" while on Colonial Parkway. I went to court in York Country Feb. 2013 for the charge and picked up a plea deal to drop the Drunk in Public and stick with the Evading and Eluding pending 2 years good behavior and enrolling into a PO program. Since then I have completed my 16 week behavioral course as well as my 4 week ASAP and have been compliant with my Probation Officer on all alcohol/drug screenings.
I understand the Evading and Eluding from York brought up the violation of my DUI 1 and DUI 2, they are bringing back 85 days for the first and 9 months for the second. I have received a Show Case.
The Commonwealth's attorney will probably argue that you should do the rest of your time for violation of the "good...
2nd DUI in VA in past 10 years. I have paid all my fines, served weekend jail, completed ASAP required classes, completed my 6 months of rehab classes and passed all random drug test and breathalyzer tests. I am abstinent to alchohol. I have not had a drink since 12/25/2011. However, I was away on a business trip in Philadelphia. The night prior I ate a philly cheese steak, fries, and had a pepsi to drink. I went to bed early that night. Woke up the next day completed some additional work remotely in my hotel room and had a mountain dew and 2 bags of pizza combos. Proceeded out to my car at 1:00 in the afternoon and blew into my breathalyzer and failed 1 time (5 min lock out), then 2 and 3 times with an additional 15 min lockout each. I called Draeger each time. What should I do?
Notify the state licensing authority and register a complaint about the device. You may need an attorney to challenge...
Stop was justified by an "abrupt stop" as I was leaving a pvt. parking lot. Officer justified FST based on alcohol smell and a wrist band from the restaurant I was in that indicated I was 21+. He did not observe slurring or stumbling on my part. Failed FST due to not following instructions. I forgot to mention this to the officer (I did mention at jail), but I have documented ADHD. I refused a breath test on the field, and at the police station I was told that I would only have a suspended license for 7 days for refusing (not one year as I now know). Officer did thank me for being completely cooperative through the process. Another officer even commented to him "are you sure this guy is drunk? He seems fine to me."
Every case is different, but any chance to reduce to "reckless"?
You have a few issues that should be explored by you and your attorney. The first issue is the probable cause for the...