Winchester Crime

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Winchester Law

Can a court ordered drug test be positive if they refuse to pick up the mail?
My child's bio mom has a court order drug test that I can have her drug tested whenever i order one in belief she is under the influence. If she refuses to submit one it's considered positive. I have to certify mail the written request to her and have it signed returned. If she refuses to pick up the certified mail knowing it us a drug test request, is it considered positive or can she argue that she never got it?
Sounds like she needs to back to court to explain the problem taking the tests that the court ordered. If you are in...
Will I be looking at jail time for an alcohol violation in VA when my DUI occured in 2012 and I am no longer on probation?
My 1st Offense DUI occured in Nov. 2012. I chose not to apply for an Interlock until Nov 2016. ASAP held my case open for that final step since I was dealing with my issues. I had the IID installed for 6 months and failed an ignition test while moving the car over on private property to a garage where I could use an air compressor. My daughter blew in it from the passenger seat before I could stop her because she thought it would shut the car off and she was listening to music. Then we moved it again so we could wash it. I have witnesses that the car never went off the property. As the story goes...that really is what happened. Will I be charged in criminal court? My licence will be suspended in 27 days. I spoke to ASAP and they were very understanding but I realize this is serious. My case worker at ASAP said I will "at least" have the IID on the vehicle for another 6 months but, will I have jail time or another criminal charge? ASAP is going to send me a copy of the report, so they say. Dumb move, I know. Didn't really think at the time since I wasn't really going anywhere :-(
A dui first suspends your license for 12 months. Even a dui second suspends your license for at most 3 years. After...
Am I going to jail for an asap violation?
I got convicted of a DUI back in September . Suspended 120 days of jail, restricted license with 6 months breathalyzer and asap classes. I successfully finished my asap classes. But in January I got a violation on my breathalyzer. I had ate before I got in the car so when I blew it malfunctioned and went straight to fail, instead of the mandatory 15 mins waiting time after about a min it said it was reset, so I thought it had fixed itself and blew in the machine again which caused it to fail me again. I waited the standard 15 mins but the breathalyzer never came off the violation. I called my technician left him a voicemail explaining what happened and my asap case manager. I got a ride home and came back the next day with it working fine. Now I receive a court summons because of this violation even though I hadn't been drinking. Asap said they may be able to take care of it if I got a letter from my tech saying he fixed it, the tech told me per company policy he is not allowed to give anything in writing. Basically, am I going to jail over this?
If you are charged with a violation and are facing time I strongly suggest you consult a criminal defense attorney in...
In virginia can.I get a cdl with 2 dui mine were in 1991 and 1996
As my question states I live in virginia have 2 dui one in 1991 the other 1996 I've never had a cdl before
If both of your 2 DUIs were convictions, then you will be subject to a lifetime ban from having a Commercial Drivers...
Where do I go from here?
Twice now I've had fails that I do not agree with. The first time I shrugged it off went to the office and said I'm obviously not drinking it's letting me drive..yet I was extended. This time I walked a short distance to the firehouse, had town police dispatched and asked for a breathalyzer. I blew 0.00 ....This was within minutes of failing the device. I'm headed to the ASAP office. My interlock is DMV required not court or asap . DMV has already heard from ME and sending me to ASAP office. I can not help but believe that the interlock companies have built in fails to continue revenue for themselves.
Consider reaching out to one of the Criminal Defense shops here in town to discuss steps you may be able to take to...
Getting license
I had gotten a DUI in Virginia but never actually had a driver's license I acquired a driver's learner's permit but never got a license. Would I be able to acquire a license as a first time driver in Florida?
FL treats out of state DUI's "as if" they occurred in FL. They will require that you complete all out-of-state...
Will my charges transfer to VA?
I got a DUI in MD with a BAC of .14 a few weeks ago and I'm a VA resident.
No. You are prosecuted in the jurisdiction where the offense occurred.