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 refused a... Read more »
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 »
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.
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
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 file a motion to stop... Read more »
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.
See https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-266.2/
The local rules of court also impact the timing of motions. Additionally, the parties can normally modify timing by agreement.
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?
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 »
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?
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.
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
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.
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.
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.
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?
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?
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.
No. If you are convicted of a DUI it is not able to be removed from your record.
Yes, but there could be some issues regarding spousal privilege.
The previous conviction is essential in proving the second.
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