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What to do when stopped for a DUI or stopped at a checkpoint?
During a DUI stop or Checkpoint, am I required to perform field sobriety test? Or can I say that I won't do any test or answer any questions without a lawyer being present? I know that license and registration, of the driver, must be presented when stopped, just not sure about the field sobriety test. Thank you in advance.
The general rule is that the officer at the checkpoint must observe or sense something that indicates the driver is...
Is there a possibility to resolve without jail time?
My dad got a DWI in Augusta County, VA in Sept. 2013. In Oct 2013, we moved to Texas (where we still reside). His trial was Feb 27th of last year. The judge gave him 1 year in jail - suspended, ASAP, and the ignition interlock. My dad paid his fines and went to his court date in Texas. The Texas judge ordered that he go to four AA meetings and that's it. He has documentation of this. Virginia now has a capias out for his arrest for Failing to Comply with ASAP. He had no knowledge of this because they sent the papers to the wrong address, twice. We just became aware of this. We're more than willing to resolve this any way we can. My dad is not in good health and needs constant care. He has documentation of this also. Do you think Virginia would be willing to resolve without jail time?
You really need to contact a Virginia attorney to assist you in this. Without having all the facts and understanding...
DUI while on probation..
My friend is on probation for a domestic offense and she just got a DUI. What would keep her out of jail? Or is it pretty for sure she will do jail time?
There are no guarantees, but she would have a better chance with a lawyer.
DWI, first offense in Henrico County. No record really other than a few traffic incidents not involving alcohol.
I blew a .084 and I got pulled over for speeding 65/45. They drove me to detain me and then I blew a .14 the second time at the sheriff's office. I have never had a DWI/DUI, what are the chances of the DWI getting dismissed and what should be my next step?
The prosecutors don't just reduce or dismiss DUIs unless there are issues with the case. So now is the time to consult...
What is the mandatory time in jail on a 5th driving on a suspended license?
My friend was pulled & got 5th offense on Tues
It depends. If it is simple driving on suspended, 46.2-301, the mandatory time is only ten days. If it is from a DUI or...
Will I need a lawyer to petition the courts for a restricted license?
I was convicted of third DUI felony last year in Henrico, VA. I served jail time. Currently paying court fees/fines. I am not illegible to petition for a restricted until 3 years have passed after my conviction. I understand that I need to not get any more convictions for my benefit. When I am eligible-is a lawyer needed?
You may petition in the Circuit Court for your county (or city) of residence at the end of the three year loss. You do...
What happens I don't complete the Ignition Interlock Device provision on a DUI sentence?
I am a Massachusetts resident, and received a DUI in Virginia. I was ordered to 5 days in prison (in VA), ASAP, fines, and to install an Ignition Interlock Device for 6 months in my vehicle. I've done the prison time, paid the fines, and am starting ASAP. However, I do not own a vehicle, and never drive. I live in Boston and take public transportation everywhere. The DUI was on a rental car. My ASAP officer told the Virginia ASAP office this, and they said I had to do it anyways, even if it's a friend's car (which I'll never drive). This seems outrageous, especially considering Massachusetts doesn't make first time offenders install a IID. What can happen if I don't comply with this provision?
Your privilege to drive in Virginia will never be restored. Did you request restricted privileges? If not, you can...
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