If speed was the only issue, (no other improper driving behavior) and you were polite and cooperative with the officer (he didn't fuss with you nor you with him) the judge in Henrico is likely to dismiss the case upon your completion of a traffic school and payment of court costs. I do not usually recommend individuals to take a school prior to court unless their record is a bad one. I go to Henrico courts often so if you have more questions, please ask.
Your charged with a class one misdemeanor, a criminal offense. However, here's the good news:
1..They have to prove you had knowledge
2. if you have the car inspected and bring the proof via the pink slip the inspector gave you, to court,
the case will probably either be dismissed or reduced to invalid inspection sticker..( please note that by saying this I am NOT guaranteeing this outcome..only this has been my experience in Henrico Co where I practice) You are ,of course, welcome to...
Your question doesn't state that you have been charged with another DUI. Assuming that you have, you had best obtain a lawyer right away. If you are convicted of DUI within 5 years of a prior, you will be given a mandatory jail sentence of 20 days. Nothing could reduce that time. In addition, there's a 3 yrs mandatory license suspension, fines costs, etc. Again, you had best talk to an attorney right away.
No. To be a felony the three offenses must be committed within a 10 year period. However, the judge will see the record upon the conviction and may, since its within his discretion,
consider the priors when sentencing. If you have not hired an attorney, hire one right away.
And hire one with expierence in defending DUI cases.
There are several ways to obtain information regarding the accident, the alcohol content, and the pending charges: 1. Get a copy of the accident report. This is with the County/or City police dept. or State Police .depending on who charged/investigated the case. You can also get a copy of the incident report as well, but not the "arrest report" or the officer's notes. 2.Go online to www.courts.state.va.us. and enter the General District Court , then the defendant's name to find the charges...
Let me join the others in telling you to hire an attorney, especially one who regularly practices in the court in which you must appear. Officer's typically charge reckless driving in many jurisdictions for accident cases although the evidence wouldn't support a conviction. In some jurisdictions, if the evidence is sufficient for any finding of guilt, the judge may simply send you to traffic school and dismiss the case. In others, because of the injury and damages, a driving school won't be...
The interlock company will report the failures to VASAP, they will report to the judge and a show cause will be issued against you requiring you to appear before the judge. Like any violation
of a court's order, the suspended jail time and fines in the case could be imposed. Where I practice law, often the judge will give a second chance if everything else has been complied with (fines paid, VSAP attended, no driving violations, etc.). I recomend that you contact the attorney who represented...
First, you should consider speaking with the attorney who represented you. He should be the best source of information as he would be familure with the court and clerk's office proceedures where you were convicted. If I were handling your case this is what I would advise:
1. Enter the Virginia Alcohol Safety Action Program
2. Go to the clerk's office and fill out their from for the restricted license order. Make sure to bring name and address of your employer, name and address of your...
Although 5 days is required, how that's to be done and when is up to the judge. I have practice in the Richmond area for 30 years. You are welcome to contact me at no charge:
Joe McGrath, Esq.
2612 W. Cary St.
Richmond, VA 23220