Cop testified the defendant was not acting in an obscene way, was not stumbling, did not have slurry speech, no blood-shot eyes, nor mentioned drinking alcohol or had any on his person.
answered on Mar 1, 2023
There is certainly a fertile argument, that he was not impaired without a visible effect to his muscular, skeletal movement.
answered on Sep 28, 2022
The answer is, it depends. If you were interdicted then it is illegal for you to purchase or possess alcohol. Often times, the courts will also include in the terms of your probation and good behavior that you were not allowed to purchase or possess alcohol. Virginia is an at will employment... Read more »
I was arrested for 3rd DWI within 5-10yrs in Virginia. My 2nd offense was in 2015 and my 1st was 2004 (18yrs ago). Would the charge still be 3rd DWI?
answered on Aug 3, 2022
It should not be a felony if the first was back in 2004.
treated and discharged from er. Unable to sign Virginia Uniform Summons.
answered on Apr 28, 2022
If you’re convicted of a DWI in Virginia your license to drive must be suspended for 12 months. TheCourt is allowed to grant you a restricted driving license with interlock for a certain period of time. Additionally you’re facing up to a $2500 fine and up to one year in jail. Depending what... Read more »
answered on Apr 5, 2022
I means the government suspects you were driving under the influence of drugs or a combination of drugs and alcohol.
On my driving record it says I killed someone on a dui. I got a dui but I never killed anyone. What can I do to get it removed? Can I sue someone about this they are making me do a treatment session due to this.
answered on Jun 9, 2021
This is may have been a clerical error and may be corrected by contacting the clerk of the court in which you were convicted.
The law goes into effect on July 1st, and my first intake appointment isn’t until May 12
answered on Apr 9, 2021
Absolutely, alcohol is also legal but the condition of your ASAP supervision requires no drugs and no alcohol.
My car was broke down and i was waiting for my boss to come and i got a Dui. This happened 15 yrs ago. Do i still need to go to classes and have the interlock installed on my car
answered on Oct 10, 2020
If you never attended ASAP the DMV will require you to do so in order to get your license reinstated. The best thing to do is to contact the DMV for a compliance summary.
I was also told I'd have to have a breathalyzer installed in my vehicle for at least 6 months. Last year or so I asked for a transcript of my charges to ask the D.M.V. what I need to to start getting my licenses reinstated. Since the breathalyzer wasn't present on my transcript would I... Read more »
answered on Oct 3, 2020
In classic legal form the answer is it depends. If the court didn’t order you to have the interlock in your vehicle and you simply walked without driving during your suspension time you may be able to simply finish the ASAP course and pay your reinstatement fee to get your license back.
answered on Aug 6, 2020
Unfortunately the VA DMV will require you to complete ASAP in order to have your license reinstated.
answered on Jun 4, 2020
The short answer is yes. When you’re convicted of a DUI in Virginia your privilege to operate any “motor vehicle” is suspended. As a result, you are prohibited from operating any vehicle with an engine including a boat.
I got pulled over going 45 in a thirty. I had several beers and thought I did well on sobriety test. I consented to a breathalyzer because I thought I wasn't over. I blew .14 or something. I got arrested and ge tried to get me to submit another breathalyzer back at police station but I... Read more »
answered on Nov 10, 2019
What city were you arrested in? Unfortunately, you cannot make an agreement where you will not be assessed points. A DUI conviction not only carries with it demerit points but a 12 month license suspension, a requirement for ignition interlock, alcohol monitoring through ASAP and even a possibility... Read more »
answered on Nov 16, 2018
You’ll need to get the name of the person who drew the blood from a discovery response from the Commonwealth Attorney. Thereafter you’ll need to check to see if that person is qualified under 18.2-268.5.
answered on Nov 2, 2018
No, you’ll still be charge with refusal because it is a civil violation.
Was pulled over in June, given at least 8 field sobriety tests and then told I could not refuse a blood test. Arrested and charged with dwi on my prescription medicine
answered on Oct 7, 2018
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to... Read more »
answered on Aug 11, 2018
If you are not getting the level of representation you want you should consider hiring private counsel.
Is there a law that governs when a motion to suppress has to be heard by. For example, 7 days before trial? Or is it based on jurisdiction.
answered on Jul 30, 2018
The local rules of court also impact the timing of motions. Additionally, the parties can normally modify timing by agreement.
answered on Jul 27, 2018
A bicycle does not count as a “motor vehicle” in Virginia. However you can be charged with reckless biking.
If you appeal a felony DUI conviction would you be able to stay out on bail while awaiting appeal?
answered on Jul 27, 2018
It is possible to have the court stay your sentence pending your appeal to the Court of Appeals but it is very rare.
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... Read 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/
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