First offender DWI, got my first fail on my interlock system. Went and got my results from VASAP and every blow was .05 or under. I know that it fails anything .02 and above, but wondering if anyone has experience with VA on what the typical punis...
You need to contact the attorney who represented you. Generically, where I practice which is from Caroline down, the judge will re-refer the defendant back into the VASAP program and usually without much more.
However, the more aggravated the facts are the more likely some jail may be imposed. A .05 may be significant to the judge in that regard. The judge can do many things, impose some or all of the suspended jail time, revoke the restricted license, or impose some or all of the suspended fine. So, again, either speak to the attorney who represented you or hire one familiar with your judge.
I made a huge mistake and drove drunk. Thankfully no one was hurt. The bad part if that I was involved in a hit and run and that's why the police pulled me over. damage said to be around 500. I don't remember anything until I got pulled over. ...
i certainly agree with the other lawyers, you must obtain a experienced DUI lawyer. You have been charged with two misdemeanors. If convicted of the DUI, the court must put you in jail for a minimum of 5 days. Although there is no required minimum jail sentence for the hit and run, the judge in his discretion can impose any time up to 12 months. Anytime there is an accident where an innocent party's vehicle has been damaged it is wise to see that its been fixed prior to trial. This, among other things, is why its important to hire an attorney as quickly as possible. As to the DUI, if your breath alcohol was .08 at the
time of the arrest, then you possibly have a rising blood alcohol defense, another reason to get to an attorney quickly. Good luck
My spouse received a DWI/DUI in Chesapeake, VA. It is a first offense and the BAC was below .15. Spouse was told by a counselor that due to living in NC they should request the hearing be transferred to the local NC court system for trial. Is this...
NO!..as the other attorney's have said a Virginia crime cannot be tried in NC. Now , perhaps the counselor was explaining to you spouse that the obligation to complete the Virginia Alcohol Safety Action Program or similar program could be transferred to NC. This is true. He can obtain information on how to do that from the VASAP that handles the matters before the Chesapeake District Court.See question
My driver's license has been suspended for 10 years through the courthouse in my town in Virginia due to court fines (some are traffic-related that was the reason for my suspension but the suspensions were only for 6 months and those are over with...
I agree with the other attorneys who know the law in Washington. You need to speak with a VA lawyer near you about a license restoration petition. But before you do get a compliance summary from the DMV, which you can do online at www.dmvnow.com This will explain the length of the remaining suspension period, and what you must do and pay, and to whom, in order to be reinstated. Some courts will grant a restoration or restricted license if there is an agreement to pay off the fines and costs. But as each case and jurisdiction can be different, its best to contact local attorney who has experience handling license restorations. Or if you are in the Richmond area you could speak with the Drive to Work Program (804) 358-6727See question
If there are multiple DUI charges pending at the same time, is it unheard of for 1 of the DUIS to be completely dropped during negotiations?
You need a local experienced DUI lawyer to answer this question, one that is familiar with both the prosecutor (s) and the judges.See question
I was pulled over for speeding the trooper said he smelt alcohol and told me to get out of the car. I did the tests and blew in the breathalyzer and was arrested. I went to the station where they wanted me to blow into the machine I tried two time...
I agree with the other attorneys,..you will need a good DUI lawyer AND an expert witness who knows
the breath machine.
I've gotten tickets in the past but it has been about four years since my last ticket. I've always just paid them instead of going to court. This time I got a reckless speeding ticket for doing 84 in a 65 and am worried about the penalties. Any ad...
Assuming that the officer has enough evidence for a conviction, ( radar and tuning forks are calibrated as required or his speedometer was calibrated ), what the judge will do will depend on your driving record, your interaction with the officer, and the driving conditions at the time of being stopped. If the only aggravating factor is the speed , and you have a decent record, it is likely that the judge would agree to either reduce the offense to a lesser charge or allow you to take a driver improvement clinic and , upon completion and payment of costs, dismiss the case. I have been practicing in that court for more than 30 yrs. and this opinion is based on that experience.See question
Is there any way I can switch it from jail time to community service? I am in college and working so all my time goes into studying and working just to pay for books and my car note. Is there anyway I can change it?
I also agree with the other attorney's that you either should contact the lawyer who represented you or hire one. I expect since you received a jail sentence and haven't yet reported to jail that you may have received weekend time or given a delayed reporting date. If you still have time before the 10 days run, and can't afford a lawyer, go to the clerk's office prior to court (8 a.m.) and ask the clerk to put your case before the judge. Then ask for the change in the sentence. Make sure you can explain why you need the change, bring proof. In addition, if you haven't paid the fine and costs bring that total with you and do so.
Most of the judges in Colonial Hgts are reasonable and will listen to your request. But again, if you
had an attorney its best to contact him/her because they know the circumstances of your case.
But remember the importance of your appeal right and that it expires 10 days after conviction. If you do appeal you will need an attorney.
The night before I took NyQuil and used mouth wash in the morning without thinking and when I was heading to work the next morning I got a failed test. It locked out my car but I didn't wait to retest because I was running late for work and got a ...
I agree with the other lawyer, get a lawyer or contact the lawyer who represented you in the DUI case.
As the interlock was most likely ordered by the court, a violation of the device is a violation of the court order which could result in additional punishment. Where I practice mouth wash and NyQuuil are not an excuse and is rarely believed by the judge to have caused the lock out. Most judges say that the client was taught what not to do.
My boyfriend has had the interlock device for less then a month
VASAP must first send in a non-compliance report to the court. That effectively removes him from the program until reinstated by the judge, if that's his decision. Upon receipt of the report a show cause against your boy friend will be issued. Every court handles these differently. ( and this is why you need local counsel, or to discuss it with the attorney who represented him) Often if its the first time a judge may continue the case ordering him back into VASAP and review his performance at a later date. If not the first time or otherwise an aggravated situation then there is certainly a possibility of a jail sentence and loss of the restricted license. The interlock device is sensitive to any type of alcohol, not just the kind that gets you drunk. So an attorney needs to look at the testing documents and discuss the situation with your boy friend. I have not had a case in Boydton before so again it is important that your boyfriend either contacts the attorney who represented him or hires another familiar with the judge and knows what he is likely to do. Good luck.See question