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Questions Answered by Stephen Patrick Pfeiffer
1 Answer | Asked in DUI / DWI for Virginia on
Q: Are you able to expunge a DUI from your record?
Stephen Patrick Pfeiffer
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
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
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
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... Read 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... Read more »

Stephen Patrick Pfeiffer
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
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 the... Read more »

Stephen Patrick Pfeiffer
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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2 Answers | Asked in DUI / DWI for Virginia on
Q: Can a felony DUI in Virginia be considered a wobbler.

Can a felony DUI in Virginia be a "wobbler" meaning can the prosecutor amend the charge to a misdemeanor as part of a plea deal. If so, can this be done at or before the preliminary hearing or at some point in the felony case process. I live in Caroline County, VA.

Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Jan 12, 2018

A felony can only be reduced by a Plea Agreement or the Court finding the prior convictions are insufficient as a matter of law to lead to felony conviction.

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