I agree with Mr. Oblon, but I think your question is missing some key facts. If you have NO PRIOR CRIMINAL RECORD, then there is a strong presumption, but you don't exactly say that. You also don't say whether you have an attorney already. As it says in the statute, a petitioner is ENTITLED to an expungement for a dismissed misdemeanor and no prior criminal record, unless the commonwealth shows good cause to the contrary. (To the contrary of What? The law doesn't say!).
I just want to say how I am impressed with Mr. Oblon and how he was able to translate that question into a coherent and correct answer. David is truly a talented DUI practitioner.
I would only add that the client should definitely seek advice of experienced legal counsel, if you don't have an attorney already. Don't post anything else online because your silence may be the only way to win a case like this.
These folks may be right, and you may have a warrant. Probably not, because a pending case should not result in license suspension. I'm guessing that you were convicted in your absense.
I can tell you that if it happened here (in Fairfax, Virginia), you would probably already be convicted in your absence, and your license would be suspended until you pay all fines and complete the ASAP program. That results in a permanent suspension until you complete all requirements, and the states...
So, you've already been to court, and "the blood test was inadmissable?" Your question is confusing that way, as the other attorneys have indicated.
If the case is still pending, you need the best available DUI attorney. If you can keep the blood out of evidence, then the case will be judged on the other available evidence. In accident cases, that often gives an edge to the defense.
I recommend Mike Tillotsen in Newport News for anything from Williamsburg to the Beach. He is...
Your question only asks about the "required classes and BS", so I'll assume that you are talking about ASAP and Treatment. The law does allow the Court to Waive ASAP for a Second offense, for good cause, and only AFTER an evaluation by ASAP. So, the answer is, Maybe, but you onen a whole can of worms.
As the other counsel have suggested, you will need a good attorney no matter what.
Consult local counsel. Top Alcohol attorney in the region is Mike Tillotsen in Newport News.
Do not plead guilty or pay the fine for Drunk in Public. The plea of guilty to that minor charge could actually support a charge of DWI to be brought later. This is tricky-- he could go to court, plead not guilty, and be convicted-- that could not be used to support a DWI charge, but if he were to plead guilty by prepaying the fine, then they would have his admission of intoxication.
You should consult local counsel and avoid posting online about your pending case.
The link below discusses common practices by Fairfax County Police and Courts.
Paul Liam McGlone
Fairfax County Marijuana Defense Lawyer
VASAP is a minefield, and it is a good idea to have an attorney who is familiar with the rules. You do not have a year to complete it. On the contrary, you have to proceed on their schedule. They don't always test for drugs if you are there for a DWI case.
Don't miss that scheduled meeting, or you will risk being in violation of your probation. ASAP will ask the court to impose any suspended jail time if you violate probation.
Since you got a pbj in MD there is a good chance they won't see it. Carleton is right that they will consider it if they see it. If you are my client I will have you starting progrAms before court. Www.mcglonelaw.com
Not sure where this happened, but your inquiry lists Manassas as your locale. We handle DWI cases in all Northern Virginia jurisdictions and we are glad to speak to you on the phone about this.
You give thin facts, but on those facts, I would hope to win the DWI. The refusal charge may be more difficult and that is the charge that results in a 12 month HARD license suspension (no restricted license). The best way to win both charges would be to convince a judge that there was no...