Prior to this incident my driving record was good, I was 46 years old and had NEVER had a DUI. I was NOT driving when I was arrested. I was visiting my son who lived with his girlfriend. I had been drinking that evening, and was not planning to go out anymore. The girlfriend and I don't always see I to eye and she got upset with me for voicing my opinion about the cleanliness of the apartment with regards to my 10 month old grand baby who is now 5 years old. She kicked me out of the apartment and I was forced to go sit in the car. I never drove off the property however I had to start the car for heat. She also called the police and that's how I was arrested for a DUI. What can I do?
You gave all the facts and details that to not matter and provided none that are on point. No problem.
Were you a licensed VA driver when you got your DUI?
Were you a licensed DY driver when you got your DUI?
Did you go to court?
What did the court order?
Did you comply with the court's orders?
FYI, both NY and VA are DLC members so each state will report the DUI to the home state. Generally speaking (no idea for sure since we don't know all the facts) if you were a VA resident at the time with a VA license you can expect your VA license to be suspended and (may be suspended now) may have to install an interlock, complete VASAP, and pay a driver's license reinstatement fee. Recommend you contact a VA DUI attorney in your area ASAP if you are a Virginian. Good luck to you.
NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response by Attorney Rafter on Avvo. Answers in Jurisdictions other than the State and Federal courts in Virginia are anchored in general legal principals not state specific law. Mr. Rafter is licensed in the state and federal courts in the Commonwealth of Virginia. For specific responses on your specific issues and the laws in your state, you need to speak directly with an attorney in your own state. It is generally not possible for anyone to post sufficient facts or details about their situation that would generate a response on this or any other website that would fully and adequately address the legal problem posed. The answer to “speak to an attorney” is absolutely proper and correct in every situation.
Yes, you may have to. Consult a criminal defense attorney for your options. If you had the car key in ignition and the car was running in a parked position in a parking space and your BAC was =>0.08, a DUI charge is justified.
You can get your compliance summary from the DMV website and that would give you the requirements you need to complete and the exact time frame.
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