My d.u.i. was all taken care of in 1997, I have not had any alcohol related tickets since then. I have just had regular speeding tickets, and such. My points are at zero.
No, the prior conviction should not effect the "outcome" but any criminal factor can be a factor taken in account on sentencing for a new criminal charge.
If this is a case of open container, then your "points" and driving record don't matter. However, if this is a case of Driving While Drinking (based on having an open beverage), then it is a class 4 misdemeanor, with maximum fine of $250 and no jail time. § 18.2-323.1 This is not really an "open container" law. Rather, it is a law that says you can't drink while driving, and if there is an open container within reach, that will be evidence that you may have been drinking.
§ 4.1-308 prohibits drinking in public-- also not an "open container" law. $250 fine.
Several local ordinances prohibit open container. Usually maximum $250 fine.See question
This person is a felon and is on probation for assault and battery on a firefighter. This person assaulted a civilian while on probation and the person assaulted has pressed charges. What is most likely to happen?
You have two problems. The new charge and any backup time on the old charge.
Consult an attorney right away and try to take some steps at damage control if possible.See question
I was charged with a DWI 1st and Refusal of blood test (civil violation). I was able to drop the DWI but was convicted for the refusal which suspends my license for 1 year (no restricted license). Six months have passed and I am currently a full t...
No, the Mandatory 12 months suspension for a refusal cannot be reduced by the Court.
The only exception here is clients who are licensed in another state, like Maryland, for example. They might be able to keep their Maryland license, but they could not drive in Virginia for the full 12 months.
As you mention, there is no restricted license available for the refusal charge.See question
I had just left a college party to call it in for the night but lost track of my friend, so I walked to the backyard so I could call him as it was too noisy out front. As I was sitting down trying to contact him three officers walked around the si...
There may be several issues here. You should certainly conult a local attorney. Bob Keefer represents a lot of JMU students with cases like this. Do not go to Court without an attorney and don't speak to anybody else about your case.See question
such as rush hour traffic or bumper to bumper traffic on holiday weekend?
No. If traffic is backed up, anybody riding on the shoulder is liable to be charged with Reckless Driving.See question
I had received a speeding ticket in VA 8 years ago and appeared at the court. At that time judge ruled the case dismissed. However past week I was informed by background check company that it is reported as misdemeanor. I really need to understand...
You can look it up on the Court's web site-- link below. If it does show as dismissed, then you can show that to whoever is doing background checks. There are procedures to have an old charge expunged, and there are also other procedures to have the background check corrected, and perhaps seek a remedy, if it is wrong.See question
is there any way that I could waive my appearance if I hire a lawyer? My charges were dropped after a few months. I plead not guilty but completed a few hours of community service. My disposition states that I completed community service, charges ...
You may be eligible for an expungement. Contrary to other advice, expungements can be obtained in Virginia if the case has been dismissed and if there are no guilty pleas. Some counties will deny the expungement if there was a requirement to pay court costs, because payment of court costs is inconsistent with innocence.See question
I've had a dependency on prescription drugs. However, my doctor prescribes percocet keeping me monitored now and I've been taking them exactly as prescribed. My officer said to stop and have my doctor prescibed a non narcotic drug.
Yes, Opiates are never allowed while on probation. You could put on a motion and ask the Judge to specifically permit that, but you would probably need a doctor to testify.See question
I was charged with assault and batter last year in Feb. in VA. The charge was nolle prosequi'd on June. I found out during the background check that there is an outstanding warrant and the charge was re-filed. I want to know the information on sta...
Not all judges agree on this issue regarding misdemeanors. There is a split of opinions and it is a good example of one of the problems that attorneys encounter trying to predict outcomes in the lower courts. Certain issues will rarely (or never) make it to the Court of Appeals, so the Judges never have definitive guidance.
You should seek assistance of the best local attorney that you can afford. Good luck with your case!See question
About eight years ago in Virginia I was charged with driving on a suspended license. I was tried in absentia and given the maximum fine of $2,500. I was 20 years old at the time, and have not had a license since due to the enormity of the fine. It...
You should be able to set up a payment plan for a fairly low monthly payment, and based on the payment plan the DMV will give you a license. You can also expect that this fine will probably have doubled by now with interest.See question