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The officer approach us regarding another incident happening. My young relative drove to the location and we walked to the bathroom. When we return officers were questioning a passenger in the car about removing a road baracade. I came over and he...
If your blood alcohol content is over.08 then yes it is a DUI in the state of VA. If it was a .014 then it is not a DUI. More likely, since the magistrate charged you, then result was a .12 and a .14--which both would be considered a DUI in the state of Virginia. I suggest you hire an experienced DUI attorney and start preparing for a battle in court. as the DUI penalties in VA are quite severe.See question
I was recently charged with DWI with a BAC. level of .11, I am 19 years old and am a college student. I can really not afford to have this on my record, if any advice can be given then that would be appreciative.
It really depends on the facts in your case. A DWI case is fought on 3 issues. 1. Was there reasonable suspicion to pull you over? 2. Did the officer have probable cause to arrest you? and 3. Was the BAC Machine (EC/IR II in Virginia) working properly?. You should contact an experienced DWI/DUI attorney immediately to discuss the facts in your case to see if there are any issues that can be successfully attacked to protect your rights, your record, and your future.See question
I know someone who has had previous DUI records out of state. It's the first DUI in the state of VA. Being held without bond. Would a public defender be sufficient for a counsel or a real criminal lawyer?
Well first of all, public defenders are real criminal attorneys. Typically they are less experienced than a paid criminal attorney, however that is not always true. I know several who are outstanding attorneys. It all boils down to if you can afford an attorney or not, and who you are comfortable with handling your case. What is their expertise? How many cases have they handled and tried? What is their success rate? You must be comfortable and trust your counsel whether they are public or private...that is the bottom line.See question
Charged with patterns misconduct. 5 yr active svc
I am assuming this discharge is administrative in nature. The short answer is that the VA is the keeper of all benefits and with a General (under Honorable Conditions) discharge should allow you to keep your benefits that the VA grants. You will not be able to re-enlist, but your benefits are safe per the VA. Make sure to contact a service organization once you are discharged such as the DAV to help you apply to the VA for any service related disability or with any questions. Moreover, the area defense counsel or trial defense counsel on your base can assist you if you wish to receive further information.See question