Richmond, VA asked in DUI / DWI for Virginia

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 circumstances of the case?

Related Topics:
2 Lawyer Answers
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer
Answered
  • DUI & DWI Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: 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.

Matthew Lane Kreitzer agrees with this answer

Susan Fremit
Susan Fremit
Answered
  • DUI & DWI Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: I don’t know what a “wobbler” is. That is not a term I have heard being used in VA. You need to hire a local experienced DUI attorney who can determine whether your prior convictions can be proven by the prosecutor to start with. Then there is the question of whether the traffic stop was legal, etc. My experience with DUIs in VA is that without some form of defense, this felony with its mandatory minimum jail time will not be amended to a misdemeanor.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.