Hampton, VA asked in DUI / DWI for Virginia

Q: I failed a drug test during ASAP- was not told or called back to court. found out months later during call to asap .

found out when i called to get proof I had taken course to take to DMV. When I took VASAP, had no permanent addy and was living with various friends - no car, and no phone. Found out later someone called my dad to say there was a finding (I was 25 at time)- and asked him to have me call them. My dad recalls the message but doesn't recall whether or not he called me - he checked his texts and message to me and found no evidence he had. This was in 2018 sometime. I'm now working - want to get license back. Now if i try to call VASAP to ask questions and retake, do I risk being called into court for something that occurred July 2017? (my only DUI). do i have any legal recourse if i can prove i was never told? would rather not take again - my record is clean since then. Is there a way for them to review the unique circumstances of my case?

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2 Lawyer Answers
Daniel P Leavitt
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Answered
  • DUI & DWI Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: You just need to own up to it and if there is something outstanding get it taken care of. Hire a lawyer to go with you if possible and let them deal with getting you the best outcome possible. Good luck.

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

A: Go online to the court where you were convicted to see if a capias was issued for your arrest: www.courts.state.va.us . See if it says "fugitive" by your name. If it does, nothing will go away until you deal with it. Contact your prior attorney to help you or hire a new one.

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