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I live in Va., can I fight a drunk in public charge if I was on private land NOT visible by my community nor a public road?
I was the victim of ass. and batt., I called the sheriff's dept. to come to help me. I had just had my life threatened--on top of beaten. I already had a black eye and visible scruffs on my knees where I had been tackled to the ground repeatedly. Because I was distraught,& after the off. came out of the garage from speaking with the 'offender' he had already decided that he was taking us both to jail without even hearing my side. He ended up arresting only me for drunk in public and resisting arrest. I was on priv. prop. where no one in my community can see, nor could we see a public road, furthermore, I did not try to "flee" which constitutes resisting arrest. In what I have read, I was not legally "in public" so the arrest seems to be unlawful, therefore, COULD resist, though I did not.
I suggest that you consult Susan Johnson, an atttorney in Staunton who handles these types of cases. You can fight it,...
What happens with your arrested for TWO DUI within one month?
Fiancé arrested for DUI, less than a month later arrested for second DUI.
You need to speak with an experienced attorney. There will be mandatory jail periods if he is found guilty of 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...
Will I have to abide by Virginia law and my license be suspended for a year ?
I live in and licensed in the state of Virginia while on vacation in Indiana I got a dui I plead guilty and got a 90 day license suspension and fines as well a two days in jail this was my first offense. Now the DMV in virginia has been notified and my license suspended. My question is will I have to abide by Va law and my license be suspended for a year even though Indiana court only suspended it for 90 days and no laws were broken in the state of va.
In short, yes, you will not be able to avoid Virginia's mandatory one-year suspension of your driver's license if you...
Renewal for concealed permit with a DUI, No weapon upon arrest.
I have a conceal permit that Exp. 2018, I have 1 DUI conviction in 2014. Did NOT have weapon upon arrest. Permit was never taken, nor anything was said about it being revoked. Am I still able to carry right now? By having a DUI will it prevent my renewal in 2018 or wait another year for 2019 Since its 5 years after the conviction?
Check Virginia Code 18.2-308.09. paragraph 9 disqualifies an individual a concealed carry permit if within the...
Who issues a subpeona if you would be a witness for the defense in a dui case?
My friend got a dui. I was with him he entire time we were at the party and saw how little he drank over an extended period of time. Will my friends attorney subpoena me as a witness or does only the prosecutor issue a subpeona? What if i cant make the court date and ive been subpoenaed?
Your friend's attorney will file the paperwork with the court and the court will issue the subpoena. You would be best...
Is there any way to sastifiy "mandatory" jail time for a 2nd DUI charge in 5 years (bac 0.19) without sitting in a jail cell?
I was convictied of a 2nd DUI in five years with a bac of 0.19%. I received the mandatory 30 day sentence (weekends). I did not appeal and have already served the first weekend. My question is, is there any other way to satisfy the 30 days without sitting in a jail cell? I am serverly diabetic and cannot physically endure what it takes to serve 48 hours each weekend in a cell. Also I have nothing else on my record other than the first DUI (4 years 10 months ago). There was no accident or property damage in either case. Thank you for your responses
Regrettably, no. Mandatory jail time in Virginia is just that - mandatory time behind bars. If 10 days have not...
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