Is there a law that governs Motions to Suppress evidence in Felony DUI cases? For example, does the motion have to be submitted by a certain time? Would there be a hearing before trial or would the motion be argued at trial (scheduled for a trial by jury)? If there are laws that govern this... View More
answered on Jul 6, 2018
Generally, motions to suppress are to be raised before trial and heard before trial unless the parties agree to consolidate the matters for trial. Please see Virginia Code 19.2-266.2. https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-266.2/
Does anyone know if a motion to suppress evidence in a DUI felony case happens before the actual trial date? If so, does the judge review the motion with my lawyer, prosecution, and police officer in a private hearing?
answered on Jun 22, 2018
The motion to suppress can happen before court, or in some cases, the parties will agree to hear the matter before the trial. The judge will review the motion and hear the evidence regarding the motion and thereafter make a ruling.
answered on Jun 13, 2018
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
answered on Jun 4, 2018
Not if you are able to defend against these charges in court. That is the first line of defending your CDL. If you are convicted of DWI/DUI your CDL will be revoked but I do not believe it is indefinite in VA.
answered on May 25, 2018
Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.
After my Grand Jury day I said that my next court date would be a plea. I have changed my mind and will be going forward with a judge trial. My question, is will my original court date for plea change because of going with judge trial.
answered on May 9, 2018
It depends on the practice in the individual jurisdiction you are being tried. The best thing to do is to reach out to your attorney in advance to secure a date.
answered on May 8, 2018
You face serving the suspended sentence and additional fines that were imposed by the DUI conviction.
I was parked on private property with keys in ignition and was given a DUI charge. Is this legal?
answered on May 4, 2018
Yes you can. If it was truly private property the blood alcohol results may not be admissible against you. But in Virginia you can be convicted for DUI on private property. The definition of “Operation” by the courts is very broad. Simply having your key in the ignition is enough.
Does the police officer have to show up for my case on Grand Jury day? If so, what happens if he does not show?
answered on Apr 17, 2018
The Grand Jury would need to hear evidence from someone to determine if probable cause existed. The officer will most likely be present. If not, I would assume the Commonwealth Attorney would not present the case to the Grand Jury until the officer would be present.
answered on Apr 13, 2018
No. If you are convicted of a DUI it is not able to be removed from your record.
answered on Mar 16, 2018
Yes, but there could be some issues regarding spousal privilege.
answered on Mar 14, 2018
The previous conviction is essential in proving the second.
My Question is can I start driving on 3/11/18 or 3/12/18?
answered on Mar 8, 2018
On 3-11-18 at the same time your warrant states and usually you can pick up your license from the civil clerk of court the next business day.
answered on Mar 2, 2018
If you were convicted it is not able to be expunged under Virginia Law.
If you are charged with a felony DUI and you successfully complete a 30 day inpatient rehab/treatment program before your court case will that help your defense?
answered on Feb 6, 2018
It will not help your defense but it could serve as a good point of mitigation with the prosecution or the judge at sentencing.
What does it mean to have an agreement to the stipulation of facts in a felony dui case
answered on Feb 2, 2018
It means you are agreeing with all the facts of the government that are being used to prove the elements of the charge. However, you can still present your own evidence that may mitigate or help your defense.
I have been charged with a felony DUI even though I was not driving my vehicle. I have never been charged with a felony before. Is it possible that a plea bargain could be reached after indictment by the grand jury? Possibly to a misdemeanor considering I was not driving the car.
answered on Jan 30, 2018
Is it possible that your charge could be reduced? Yes, it is possible but that depends on the facts of the case, the prosecution, the judge and police investigation. The best thing to do to increase your opportunity to have the case resolved favorably is to consult with an experienced DUI defense... View More
I have a preliminary hearing today for a felony DUI. I was not driving my vehicle I was parked with the keys in the ignition at the top of my driveway. Giving my circumstance do you think the judge would find probable cause and certify the case to the Grand Jury? Also, do you know how long a... View More
answered on Jan 26, 2018
In Virginia if the keys are in the ignition and you are in the driver’s seat the case law holds that you are “operating” the vehicle. Hopefully your attorney can reach a favorable agreement with the Commonwealth.
I have been charged with a felony DUI 4th offense in 10 years. I have no felonies on my record as my other DUI's are DUI 1st and two DUI 2nd offenses. I have a pre-liminary hearing this Friday if the officer does not show up for the hearing can the case be dismissed?
answered on Jan 23, 2018
Most likely the case would be continued to give the Commonwealth an opportunity to get the officer to court.
I have been charged with a DUI 4th offense in 10 years. I have no felony charges on my record. My other DUI charges are DUI 1st and two DUI 2nd offenses. Can this charge still be considered a "wobbler" and be part of a plea bargain which may reduce this charge to a misdemeanor because of... View More
answered on Jan 20, 2018
Any charge can potentially be reduced if you work out a plea agreement with the Commonwealth Attorney’s Office. However, some Commonwealth Attorneys have different policies when it relates to discretion on DUI charges. Talk to a local attorney who can advise you on possibilities and the defences.
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