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Questions Answered by Stephen Patrick Pfeiffer
1 Answer | Asked in DUI / DWI for Virginia on
Q: Motion to Suppress Evidence - Felony DUI

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

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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/

1 Answer | Asked in DUI / DWI for Virginia on
Q: Motion to suppress evidence DUI felony case

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?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: What will happen to my insurance after a DUI?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Am i going to loose my cdl for life if i got a dwi/arrest being in my semi truck smoking pot?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

3 Answers | Asked in DUI / DWI for Virginia on
Q: If you are below .08 can you still get arrested for drunk driving?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

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3 Answers | Asked in DUI / DWI for Virginia on
Q: Felony DUI Court Case

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.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: What is the consequence of a asap violation/noncompliance with asap. (Original charge was a DWI 1st off. No other priors
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on May 8, 2018

You face serving the suspended sentence and additional fines that were imposed by the DUI conviction.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI/DWI in Virginia if parked on private property with keys in ignition.

I was parked on private property with keys in ignition and was given a DUI charge. Is this legal?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

1 Answer | Asked in DUI / DWI for Virginia on
Q: Grand Jury Day - DUI Felony Offense

Does the police officer have to show up for my case on Grand Jury day? If so, what happens if he does not show?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

3 Answers | Asked in DUI / DWI for Virginia on
Q: Can you get a DUI removed from your record through community service?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Apr 13, 2018

No. If you are convicted of a DUI it is not able to be removed from your record.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Can commonwealth subpoena wife to testify against her husband over dwi.
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 16, 2018

Yes, but there could be some issues regarding spousal privilege.

3 Answers | Asked in DUI / DWI and Social Security for Virginia on
Q: Can I be charged with a dwi2 without being convicted of 1st dwi.
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 14, 2018

The previous conviction is essential in proving the second.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: I got Charge with a DWI on 3/4/18 @6am. My first offense. The officer told me my License is Suspended for 7 Days.

My Question is can I start driving on 3/11/18 or 3/12/18?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Are you able to expunge a DUI from your record?
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 2, 2018

If you were convicted it is not able to be expunged under Virginia Law.

3 Answers | Asked in DUI / DWI for Virginia on
Q: Inpatient Treatment/Rehab

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?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: What does it mean to have an agreement to the stipulation of facts in a felony dui case

What does it mean to have an agreement to the stipulation of facts in a felony dui case

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Felony DUI Virginia

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.

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Virginia felony DUI preliminary heearing

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

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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.

3 Answers | Asked in DUI / DWI for Virginia on
Q: DUI 4th offense in 10 years Caroline County, VA

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?

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Jan 23, 2018

Most likely the case would be continued to give the Commonwealth an opportunity to get the officer to court.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: DUI 4th offense in 10 years

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

Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
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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