Virginia DUI / DWI Questions & Answers
Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.
Daniel P Leavitt's answer
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
You will want to contact an experienced lawyer in the court where you got charged.
Your outcome will be a function of your past record, the facts of your case and whether or not there are legal defenses.
Dan
Q: Are there penalties for avoiding a DUI checkpoint?
Daniel P Leavitt's answer
It depends on how it was avoided. It is possible in some cases to avoid a checkpoint making a completely legal maneuver.
It depends on how it was avoided. It is possible in some cases to avoid a checkpoint making a completely legal maneuver.
Q: I was written up for underage drinking in Virginia and want to know what my options are if I plead guilty (first offense
Daniel P Leavitt's answer
It's a criminal misdemeanor and you can't expunged those if you're found guilty. Even the first offender program would need to be discussed depending on the wording of the question on a background check. Get a good lawyer to help you they may be able to do better.
It's a criminal misdemeanor and you can't expunged those if you're found guilty. Even the first offender program would need to be discussed depending on the wording of the question on a background check. Get a good lawyer to help you they may be able to do better.
Q: What if I lose my license because of a DUI but continue to drive anyway?
Daniel P Leavitt's answer
As long as you have a restricted license and are driving within your restrictions you're good to go. If you don't you will have charges if they catch you.
As long as you have a restricted license and are driving within your restrictions you're good to go. If you don't you will have charges if they catch you.
Q: Is a EMT qualified to draw blood for a DUI case in VA. How do I know if they are designated by order of a circuit court
Daniel P Leavitt's answer
For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some...
For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting upon the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some...
Q: How can I verify that he person who drew my blood in a DUI was qualified to do so in the state of Virginia.
Stephen Patrick Pfeiffer's answer
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.
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.
Q: Can I refuse a breath or blood test until I have a lawyer present?
Stephen Patrick Pfeiffer's answer
No, you’ll still be charge with refusal because it is a civil violation.
No, you’ll still be charge with refusal because it is a civil violation.
Q: How do you get an interdiction removed in virginia?
1 Answer
| Asked
in
DUI / DWI, Civil Rights and Municipal Law
for
Virginia
on
Answered on Oct 26, 2018
Answered on Oct 26, 2018
Daniel P Leavitt's answer
In Virginia, the court that entered the order may amend it or cancel it:
https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/
You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).
In Virginia, the court that entered the order may amend it or cancel it:
https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/
You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).
Q: How accurate are breathalizers? Is there any way to challenge the results in court?
Daniel P Leavitt's answer
You can challenge them to some extent. The department of forensic sciences maintains records on the machines and an attorney can get access to recent tests. But challenging them is fairly technical. The machines are also making assumptions that may or may not be true regarding your body's blood alcohol content based on your breath alcohol. So there are issues with these machines.
You can challenge them to some extent. The department of forensic sciences maintains records on the machines and an attorney can get access to recent tests. But challenging them is fairly technical. The machines are also making assumptions that may or may not be true regarding your body's blood alcohol content based on your breath alcohol. So there are issues with these machines.
Q: Do past DUI convictions mean my punishment will be more severe if I get convicted again?
Daniel P Leavitt's answer
Past convictions for DUI often do mean your punishment is going to be more severe. Certain offenses like a DUI 2nd within 5, 2nd within 5-10, or third offense within 10 or 4th offense within 10 years have mandatory elevated penalties if you are convicted as charged. Where you got convicted (what state) and when you were convicted may also factor in.
Past convictions for DUI often do mean your punishment is going to be more severe. Certain offenses like a DUI 2nd within 5, 2nd within 5-10, or third offense within 10 or 4th offense within 10 years have mandatory elevated penalties if you are convicted as charged. Where you got convicted (what state) and when you were convicted may also factor in.
Q: Got tickets for driving backwards on HWY, no seatbelt, and suspended license
1 Answer
| Asked
in
DUI / DWI, Immigration Law and Traffic Tickets
for
Virginia
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Daniel P Leavitt's answer
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving for driving backwards but you don't specify the charge. If it is reckless driving then you face possible jail time there. And driving on a suspended license also carries the possibility of a jail...
Not enough details but the short answer here is that jail time is possible. If you have a suspended jail sentence for your prior charges then you could potentially face jail time for violating the terms of your suspended sentence. In addition, I am assuming they charged you with reckless driving for driving backwards but you don't specify the charge. If it is reckless driving then you face possible jail time there. And driving on a suspended license also carries the possibility of a jail...
Q: Hello, Whats does a Nolle Prosequi mean for SC-FAIL TO COMPLY/ASAP?
Daniel P Leavitt's answer
It sounds like you were charged with a show cause for failing to comply with asap. The show cause is a criminal charge to bring you before the court to answer for why you did not comply. Nolle prosequi means to decline to prosecute. So it does not have anything to do with your requirement to complete asap. It just means they charged you with an offense, and then dropped the charge (declined to prosecute). But they can potentially bring the charge back or bring a new charge if you don't comply....
It sounds like you were charged with a show cause for failing to comply with asap. The show cause is a criminal charge to bring you before the court to answer for why you did not comply. Nolle prosequi means to decline to prosecute. So it does not have anything to do with your requirement to complete asap. It just means they charged you with an offense, and then dropped the charge (declined to prosecute). But they can potentially bring the charge back or bring a new charge if you don't comply....
Q: VA-Charged with open container..04 BAC.DUI reduced to Reckless 11 years ago. What should I expect? Fine/Jail/Suspension
Daniel P Leavitt's answer
Assuming you were charged under 18.2-323.1, then that is a class 4 misdemeanor which is punishable by a fine only up to $250. It is a class 4 misdemeanor which carries no possible jail time.
Assuming you were charged under 18.2-323.1, then that is a class 4 misdemeanor which is punishable by a fine only up to $250. It is a class 4 misdemeanor which carries no possible jail time.
Q: In Virginia in 2018 are you allowed to refuse a blood test?
Stephen Patrick Pfeiffer's answer
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
Q: I was pulled over for DUI on June 29th my court date is not until November 7th that is arraignment on August 22nd for su
Stephen Patrick Pfeiffer's answer
If you are not getting the level of representation you want you should consider hiring private counsel.
If you are not getting the level of representation you want you should consider hiring private counsel.
Q: Criminal case file
Bryan J. Jones' answer
Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.
Probably not. You're attorney may be able to review the file, but prosecutors in Virginia are not required to turn over your case file.
Q: Suppression motion felony DUI
Stephen Patrick Pfeiffer's answer
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.
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.
Q: Can you get a DUI on a bicycle?
Stephen Patrick Pfeiffer's answer
A bicycle does not count as a “motor vehicle” in Virginia. However you can be charged with reckless biking.
A bicycle does not count as a “motor vehicle” in Virginia. However you can be charged with reckless biking.
Q: Appeal Felony DUI
Stephen Patrick Pfeiffer's answer
It is possible to have the court stay your sentence pending your appeal to the Court of Appeals but it is very rare.
It is possible to have the court stay your sentence pending your appeal to the Court of Appeals but it is very rare.
Q: Motion to Suppress Evidence - Felony DUI
Stephen Patrick Pfeiffer's answer
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/
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/
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