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.
I agree with Mr. Kim. When I read this sad story the first thing I thought of was that the client might benefit from an expungement and that might help with his job search. However, folks need to be aware that expungement of court and police records, which is available for dismissed charges in Virginia, will not result in destruction of information that already exists in private databases like those used by employers and background checkers. By law, they are not supposed to spread...
I think most of these attorney replies are missing a key fact in your case. You are describing a situation where you have already been found noncompliant, as that is what triggered imposition of the $250 fine. After non-comp, you DO NOT have to complete ASAP. It sounds like you dodged imposition of the suspended jail time by skipping the court date. Big problem here is that you will not ever be licensed in Virginia until you complete an "Voluntary" ASAP program.
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.
Funny-- I actually have an FAQ about this scenario on my web site. The "drinking after driving" issue does not have a quick and easy answer. You should speak to Bob Keefer, who is in Harrisonburg and he is one of the best DWI attorneys in Virginia and really one of the best in the USA.
Go to bobkeefer.com to contact Bob Keefer, or download his app at KeeferApp.com and push the button there to call Bob Keefer.
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