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Can a pending PDC charge in one state affect the trial/sentencing or lead to a probation violation for a DWI conviction in VA?

Reston, VA |

I was charged with Public Disorderly Conduct in Oct '10 in S. Carolina while on vacation. I have an attorney and am fighting it. In the meantime I was charged with a DWI 1st Offense, BAC >.20% in Virginia (where I live) in Feb '11. I haven't heard yet from my attorney in SC about the PDC charge. My court date for the DWI in Virginia is in April and it looks like I will probably be facing a 1-yr suspended or restricted license along with 180 days in jail with 170 suspended, amounting to 10 days in jail. Since I will be convicted for my DWI in VA prior to any sentencing for the PDC in SC, could a PDC conviction in SC affect anything with my DWI case in VA? Will I be violating probation for my DWI conviction in VA if I'm later convicted of PDC in SC, even though the PDC charge came 1st?

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Attorney answers 1


The short answer is yes, a subsequent conviction on the South Carolina case could be deemed a probation violation on your Virginia probation, provided that your probation officer in Virginia is aware of it. Speak to a defense attorney, either in South Carolina or Virginia, about this issue. The attorney will be able to advise you of your options and may be able to work out an agreement among your two probation officers (presuming you're placed on a probationary sentence on both charges) to prevent a violation from issuing. The fact that the underlying conduct in the South Carolina case preceded the Virginia case in time will likely be a mitigating factor to a Virginia judge even if you are at some point violated because of it.