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What should I expect in court and what can I do to help myself? (VA 19.2-306)

Williamsburg, VA |

I picked up a DUI in Oct 2011 and a DUI 2nd Dec 2011 in the James City County. I have since then completed my jail and began my ASAP counseling. On Nov 2012, I picked up an "Evading and Eluding" while on Colonial Parkway. I went to court in York Country Feb. 2013 for the charge and picked up a plea deal to drop the Drunk in Public and stick with the Evading and Eluding pending 2 years good behavior and enrolling into a PO program. Since then I have completed my 16 week behavioral course as well as my 4 week ASAP and have been compliant with my Probation Officer on all alcohol/drug screenings.

I understand the Evading and Eluding from York brought up the violation of my DUI 1 and DUI 2, they are bringing back 85 days for the first and 9 months for the second. I have received a Show Case.

The Evading and Eluding was on foot, no vehicle was involved. I had no reason to run other than me just freaking out/being scared. I was under the assumption that because this was in a different county, that this would not have affected my James City County good behavior. I am finally getting my life back after taking two hard hit from the DUI's. It's already hard to maintain a job without a vehicle and it has severely jeopardized my military career which I am just now beginning to mend. I thought this was all behind me and I could see the light, I can't take another hit with all this jail time.

Attorney Answers 4


The Commonwealth's attorney will probably argue that you should do the rest of your time for violation of the "good behavior' provision of your probation. Especially because the new offense is involved alcohol. When you are on good behavior, it means everywhere not just the county you're on probation in. At your court date, the judge will decide how much of that time you are going to have to serve. You are entitled to counsel for the show cause hearing and you need it.

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You should hire an attorney to represent you. The prosecutor may argue for and the judge may impose the entire suspended sentence to be revoked.

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.

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Will I be tried at the Show Case? Or is the Show Case a preliminary hearing and the actual sentencing hearing will be scheduled at that time? Would it be best to have an attorney already present at the Show Case as well to argue for me?


I suggest that you discuss your case in detail in a private and privileged setting with a locally experienced DUI or criminal defense attorney. Given your prior convictions and probationary status, the government will be looking to punish you harshly. Good luck.

Jasen Nielsen

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I live and practice in Williamsburg and York. If you give my office a call they will set up a free consultation for you.

Jeff Martin

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