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Mark Allen Andrews
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Mark Andrews’s Answers

8 total

  • How can Virginia punish me for a dui I got in WVa?

    I was previously a resident of WVa, got a dui in 2011 and completed all of WVa's requirements with suspension, interlock, fines, reinstatement fees, and sr22 insurance. I recently moved to Virginia and changed my driver license to Virginia with no...

    Mark’s Answer

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    If you have already paid a reinstatement fee in WVa then you should not have to pay for one in VA under the compact. Also, if you complied with the one year license restriction/suspension (assuming it was a first offense) then you are eligible for a full license in VA. Ask for a "compliance summary" from the VA dmv. The Compliance Summary will provide a print-out of your requirements for a full license in VA, and will keep you from getting 10 different answers from 10 different people at the DMV. This is a common issue when a citizen changes states. Contact the WVa DMV for proof that you paid the reinstatement fee (and make sure there record is complete) and ask them to fax that to VA DMV Richmond Office and obtain a copy for yourself) and bring that to your local Va DMV. That should remove the requirement of having to pay 2 reinstatement fees. VA will require you to file the FR44 for 3 years from the date your license was reinstated. Good Luck.

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  • I received a citation for an unsafe lane change resulting in an accident should I contest the ticket?

    I was traveling east bound on interstate 264 in va beach when I merged into my far right lane. A vehicle struck my vehicle on the rear quarter panel (passenger side). The officer wrote me a citation for an unsafe lane change. I was traveling be...

    Mark’s Answer

    Yes. However, your case will be better received by the court with the help of an experienced attorney. Consult and hire an experienced Chesapeake attorney.

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  • I was pulled over for speeding 80/55 I received a ticket and I paid it before the due date.

    Should this show up in my back ground check and if so should it state that I was arrested. I was never arested.

    Mark’s Answer

    I routinely appear in the Chesapeake Courts and it is common for some officers to write for speeding instead of Reckless Driving (a class 1 and jailable misdemeanor). If the summons was for speeding, then you were convicted of speeding and would not show up on a criminal background check. However, this conviction would result in -6 points on your license. you may want to petition the court (go and ask the clerk) to re-open the matter. Hire an attorney. If the evidence was sufficient to find you guilty, then an experienced attorney may be able to have the charge further reduced. I would be happy to meet with you.

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  • I am facing charges for my 2nd DUI in Virginia.

    Can I give up my driving privileges and give the state my license and not go thru all the required classes and BS to get it back?

    Mark’s Answer

    if you are convicted of a 2nd offense DUI in VA, then you will have mandatory jail, a minimum fine of $500, a $50 fee to the trauma fund, and you will be ordered to complete Virginia Alcohol Safety Action Program (VASAP or ASAP) . If your prior conviction was within 5 years, then you would not be eligible for a restricted license until one year after your conviction date. If your prior conviction was within 5-10 years, then you would be eligible for a restricted license in 4 months from your conviction date. Any restricted license would require you to be enrolled in and/or successfully complete VASAP and would require an ignition interlock for at least 6 months. If convicted of a second offense, then VASAP would classify you for their intensive treatment to include group classes and group and/or individual counseling, which can be expensive. In some hampton roads courts, the courts have not ordered VASAP if you do not request a restricted license. However, you would be required to enroll and complete VASAP and have the interlock if you ever wanted to drive again.
    I recommend you hire an experienced DUI attorney.

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  • Do I still have to take the Va asap program to get my drivers license back?

    I was arrested & charged with a DUI in 2007. I was sentenced to 1yr suspend license, a hefty i, and no probation. After wat I believe was my sentence, my lawyer requested that I at least be allowed a restricted license. The judge complied & allowe...

    Mark’s Answer

    You will have to successfully complete ASAP to obtain your license. However, there are differing "schools of thought" on the topic. in the Hampton Roads area, some courts would say that your 1 year suspension has passed, and you are eligible for full restoration if you are enrolled in and complete ASAP, some courts would grant you a restricted while you complete ASAP and then a full License upon your completion of ASAP, and others would require you to enroll in and complete ASAP and give you a restricted for one year. You should consult with a local and experienced DUI attorney in your area.

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  • I need to file a motion to see a judge about and old DUI case. Should I hire a lawyer to go to court with me?

    I had a second DUI about 5 yrs ago in VA. I am now trying to get my DC licence back, but hit a snag. The ruling was I need an Interlock system in my car. I don't have a car. So, I'm stuck in a legal "Catch 22" I can't get my licence reinstate...

    Mark’s Answer

    If your DUI was a second offense within 10 years of your first offense, then you are required by law to have an Ignition Interlock for a minimum of 6 months. You will only be allowed to drive a car with an Interlock device installed during this period (there are exceptions for work vehicles as long as you do not own the company). Even if the Court did not order the Interlock, DMV will require the installation of the device. In addition, VASAP requires at least 6 months without any BAC violations to have the device removed, and they require the device to be calibrated on a monthly basis. It must also show mileage used (this keeps people from installing it and allowing the car to sit). You may need to borrow a friend or family members car to have an Interlock Device installed. DMV and the Interlock Co. will require authorization from the owner of the vehicle.
    In this case, you would be wise to hire counsel to represent you.

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  • What are my chances and should i get a court appointed lawyer or pay for a good one?

    I was caught shoplifting a pair of pants I needed for a job and I didnt have the money to buy it. Well they searched my purse. Inside I had a pill bottle with less than a gram, mostly shake and stems. I also had a glass pipe. Well they wrote me tw...

    Mark’s Answer

    It's impossible to discuss your chances without additional information. However, you are currently charged with 2 misdemeanors. The petit larceny 2nd is a class 1 misdemeanor that is punishable by up to 12 months in jail (with at least 30 days imposed but this may be suspended in its entirety), and/or a $2500 fine, restitution (if any), payment to store for loss prevention officer to appear in court, and court costs. The Marijuana charge, if it is a first offense, is an unclassified misdemeanor that is punishable by up to 30 days in jail, and a $500 fine, they can order you into substance abuse treatment, your operator's license will be suspended for an additional 6 months, and court costs. If you have been convicted of a drug offense or already used First Offender status, then you would not qualify for First Offender status on the Marijuana charge. (this a program wherein the charge could be dismissed if you complied with certain conditions).

    Based upon your criminal history, and if you were convicted, the Chesapeake Courts would likely impose active jail time. You should be aware that a Larceny 3rd or subesequent offense is a Class 6 Felony punishable by up to 5 years and /or a $2500 fine.

    You need an attorney that is experienced and that you are comfortable with. You may or may not be appointed an attorney that has experience or that you are comfortable with. If you can afford to hire your own attorney, then do your research and interview each one before you make a decision. If you hire your own , then you control the experience and comfort factors.

    Good Luck!

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  • Is it possible to have a Virginia DMV suspension shortened or ended early while actively serving it?

    When I was a minor I had two traffic offenses, one was a ticket for following too closely to another vehicle. The other was a reckless driving ticket for speeding; this one I had to go to court for. Without leniency I received a court ordered 12...

    Mark’s Answer

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    DMV will not waive your suspension period. Additionally, when the DMV suspends your license for too many points or, as in your case, 2 violations and a court suspension, the DMV will usually require you to complete a Driver Improvement Class. I would check with the DMV as to whether you have to complete a class. Failure to complete any DMV requirement will prolong your suspension.

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