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I have pending charges for a 2nd DWI within 5 years with children in vehicle. I didn't get pulled over, police said they were on

Stafford, VA |

the lookout for my vehicle. When the officer came up on me, I was in my apartment complex, and I was outside of my vehicle. My children were getting out of the vehicle. The ignition was off and the keys I had in my hands at the time of arrest don't start the ignition. I have no criminal record. What do you think my punishment will most likely be?

Attorney Answers 3


First, you do have a criminal record if this is your second DUI in under five years.

Second, it is not certain that you will be convicted. Seek the advice of defense counsel as there are many facts shown here which may work in your favor. Just because the police were on the lookout for the vehicle doesn't mean you were driving it.

I also recommend you not post anymore information in this forum.

Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.

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You will not get punished unless you get convicted and the likelihood of your conviction is something no attorney could give a good prediction on without a pretty in-depth interview (in private) and investigation of the Commonwealth's case. I agree that you should not post any more information about your case in public, but you should be consulting with defense attorneys.

Virginia law provides for mandatory jail time not only for a 2nd DUI within 5 years, but also for transporting a minor while under the influence. In other words, if this is your second DUI within five years and a child was in the car, and you get convicted, the judge must put you in jail. Find and hire the best lawyer you can afford.

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I agree with the advice of attorneys Cornick and Allen. Additionally, you should note that when the police are responding to an anonymous tip, they are generally required to observe driving behavior that justifies the stop.

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