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 »
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.
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 »
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 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 »
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.
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.
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.
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