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Husband is facing a 3rd DWI in ten years in Arlington County, Virginia (felony). Is there hope of reducing it to a misdemeanor?

Arlington, VA |

He was never given a PBT once pulled over by US Park Police (sidenote: he was pulled over in Arlington County). The officer made him do the walk/turn, stand on the foot for 30 seconds and the eye test. He ended up blowing .09 at the station 2 hours after being pulled over for going 40mph in a 30mph in Washington DC. The magistrate also questioned the officer's authority to arrest as his name/number never appeared in the magistrate's database. While this is my husband's 3rd DWI in ten years he has stayed out of trouble for over 6 years so it's not as bad as the 3rd w/n 5. Is there any hope in reducing this charge in Arlington County? We've begun speaking with attorneys and I just need to know if any hope exists in fighting this down to a misdemeanor.

Sorry after looking at it again it still looks confusing. The officer was a US Park Policemen who witnessed my husband do 40mph in a 30mph area. Officer proceeded to follow my husband from Washington DC into Arlington County when he finally pulled him over. One more thing: We just received a speeding ticket from the Dept of Interior yesterday via mail. The cop indicates the stop was on the Memorial Bridge which technically is in the DC jurisdiction and not in Arlington. If the officer claims the original infraction occurred in DC does that open the possibility of the DWI in Arlington being dismissed due to lack of jurisdiction?

Attorney Answers 6


  1. There is always a chance for a reduction or dismissal but there is no guarantee. The best thing to be done is to hire a local and experienced DUI Attorney. Good luck.

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  2. Your husband might have a good chance getting the charges reduced. You will need to hire a local DUI lawyer to represent him. Good luck!


  3. There is always a chance to get a reduction. The facts in this case do not look too egregious. Hire a clocal experienced dui attorney.


  4. You have quite a few issues that need to be thoroughly researched. Any one of them could raise doubt in the case causing the charges to be dismissed. You are taking the right first steps in consulting with an attorney. You need to select one and let them do their job and get the best result possible.

    Good luck.

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    James Garrett
    Garrett Law Group, PLC
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    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  5. There is always a chance to get the charges reduced, but it is going to depend on the facts of the case. Every case is different.

    For this reason you should consult an experienced attorney to help defend the case.


  6. Yes, it is possible that your husband's case might be amended to a misdemeanor, though there are no guarantees.

    The Park Police officer has arrest authority in both D.C. and Virginia. If he observed the driving in Virginia (as well as anywhere else) he can charge the case in Virginia. Given that the arrest occurred in Virginia, it is unlikely that Arlington would have an interest in kicking it back to D.C.

    You will want to consult with a local DUI attorney as soon as possible.

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