Skip to main content
Paul McGlone
Avvo
Pro

Paul McGlone’s Answers

513 total


  • If I got a drunk in public in Virginia, and I had to spend 8 hours in jail, but they never gave me a breath test, can i fight it

    I received a drunk in public one night in Hampton, Virginia, while fighting with my wife in the street. I know I smelled like alcohol, but that could have meant I only had one beer, and they refused to give me a breath test and I had to spend 8 h...

    Paul’s Answer

    If you don't appear, you will likely be convicted, and the maximum fine is "only" $250 in most Counties.

    However, you should not take lightly the idea of being convicted of a criminal charge. If they don't have evidence of intoxication, then they should not get a conviction but they likely will get a conviction if you don't show up and fight it. You are right that the absence of a breath test is a big issue in these cases.

    See question 
  • In State of once you pay criminal fines can you get your drivers license reinstated without taking the written exam again?

    had drivers license in 1997. have paid all criminal fines. what do I need to do to get drivers license reinstated?

    Paul’s Answer

    If it has been that long, you are applying for a new license, so you will have to provide all kinds of ID and take both written and driving test.

    Not sure why this is in the DWI category, but if you have multiple DWI, then you may have a lot more hoops to jump through to get licensed in Virginia. If there were 3 DWI, then you will have to pursue reinstatement through the ASAP programs and the Circuit Court will have to approve it.

    Check with a local attorney, but the first thing they will want to see is a printout of your DMV record.

    See question 
  • If I was sentenced to do 6 months jail time in roanoke city courts.. only have to do 86.97%. How many days. Would I have to pull

    Charged with robbery.judge sentenced me to 6 months jail time. And 3 years oProbation.Roanoke city jail only. Makes u pull 86.97% of your time so how many days do I serve?

    Paul’s Answer

    If this is 6 months of mandatory time for a Felony DUI, then you will not get the 86% discount. You will probably have to serve every day of a "mandatory time" sentence. The jailers should be able to tell you your release date, and you probably have credit for time served already.

    See question 
  • I have speed ticket

    i get speed ticket, the cop stopped me and give me the ticket so what you advice me to resolve this problem, please I need your help. Thanks

    Paul’s Answer

    You can prepay the ticket or you can go to court and ask for a traffic school disposition. If you are not local, you may be able to arrange for an attorney to go in for you.

    If this is a reckless speeding ticket, then you should certainly consult local attorneys about it.

    See question 
  • Can I get my license back

    VA records show below Safe Driving Point Balance: +05 On file with DMV as an Organ Donor: NOT SPECIFIED Restrictions: LICENSE RESTRICTIONS - NONE COURT RESTRICTIONS - NONE surrendered in Nov 2011 to CO I had a DUI and did not go to court

    Paul’s Answer

    You don' t actually ask a question here, so I'll try to cobble together an assessment.

    It sounds like you moved to Colorado in 2011?
    You skipped Court here and are unsure of your status?

    If both of the above are true, then you were probably issued a bench warrant and the case is here waiting for you. You can check that on the Court computer for the county where you were arrested.

    If you want to come back and turn yourself in, you might eventually find that they don't have the witnesses to prove their case. If you have an outstanding bench warrant in VA, you should expect to be arrested and held anytime you encounter law enforcement, whether for a ticket, travel, etc.

    See question 
  • How much jail time will I get?

    I had a grand larceny charge I had a lawyer who go it reduced! To petite larceny which is a misdemeanor the rules with that where 12 months probation. And 100 hours community service. I went that day to sign up for my community service which was o...

    Paul’s Answer

    You really need need to make community service a higher priority. This should be the most important thing for you. You had a felony reduced, so the Judges are usually not so concerned about your clutch or your electric bill. Those explanations (excuses) will carry very little weight.

    That does sound like a very short timeline if you just started 3 weeks ago and they already have a new court date for review. You need an attorney even more now than you did before!

    See question 
  • Will I serve my full 10 days in jail?

    I was convicted of DWI and driving on a suspended. Before I was able to receive my restricted license I got another driving on a suspended. My lawyer was able to get me 30 days. 20 suspended. So 10 days. I wasn't arrested for the 2nd driving on a ...

    Paul’s Answer

    Agreed that it sounds like only 5 days to serve. A third offense of DOS would have Mandatory Time of 10 days and that would not be cut in half by the sheriff. Even then, it would have to be charged as "3rd Offense" in order to impose it as "mandatory time".

    See question 
  • When an individual gets a dui in Augusta Ga. and dropped to a less charge of reckless driving. What is the consequences in VA?

    A person gets a reckless driving charge in GA what is the consequences in VA. This being this individuals first ever ticket.

    Paul’s Answer

    Likely this will lead to six points on the Virginia DMV, and a significant increase on your insurance policy but no other consequences. On the Virginia Record, there is nothing that will indicate that it is alcohol-related.

    Georgia may require alcohol classes as a condition of probation, and they can be completed at Virginia ASAP.

    See question 
  • I have an interlock installed, why I am getting the camera installed?

    I've had my interlock device installed in my car for almost 6 months with no violations or missed tests. I received a call from the interlock company that my calibration appt has been changed due to camera installation. Why after all this time am ...

    Paul’s Answer

    The new law puts cameras in there to protect our clients in case somebody else tries to start the car with etoh on breath.

    If you are getting it off soon, you may be able to just get it removed. Speak to your ASAP rep. You got a form letter that they sent to everybody.

    See question 
  • Hi I had a charge of emblezzlement but it nolle and processed is that a conviction will that hurt me getting a hosing

    I was accussed of emblezzlemnt but went to court and it nolle and processed six years ago can I still get a apartment in my name

    Paul’s Answer

    If somebody denies you housing based solely on a dismissed charge, then they are violating your civil rights. Tim Kaine made a career out of enforcing such civil rights before he ever ran for office.

    See question