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 refused a... 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 »
And I blew a 0.10 on the breathalyzer. I'm wondering how screwed I am. Ps: I'm in the military. I bought an attourney for both occasions and I'm hoping for the best.
You'll probably go to jail for a bit and get a suspended license.
The answer truly is it depends. The facts from your underlying DUI will come into play, along with the facts of this offense. It is a class one misdemeanor and you can be sentenced to up to 12mos in jail and up to a $2500 fine. If you had a good behavior period on your underlying DUI, this could... Read more »
Does your fine have to be payed off for the statue of limitations to be in effect
In Virginia you can get charged with driving on a suspended license after a DUI anytime before you get your license reinstated. Once your license is reinstated then you're not driving on a suspended license. If you don't get it reinstated then you always risk driving on a suspended license. There... Read more »
By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI... Read more »
1 year ends on the completion of 4/11/19. My DMV record shows my punishment thru 4/12/19. That makes my punishment 1 year & 1 day. I had a similar problem with dates getting my restricted license. It took a long time but the DMV saw I was correct. Am I correct now & should I get my regular license... Read more »
You will need to pay the pay the reinstatement fee & have had 6 months incident-free on an interlock device before VA DMV will reinstate your full driving privileges. You can go to a DMV office on 4/11 but if they won't agree with you, you will be back on 04/12. Do you really want to spend that... Read more »
Was evicted from rental homes,, was given 72hrs.. did not get everything moved..i asked many times, for more time to move,, from landlord and sheriff. Was told no, locks was changed and no trespassing signs put up.. now landlord is keeping my belongings that includes a custom motorcycle, tools,... Read more »
I don't see any DUI question here the seems to be a landlord tenant issue.
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.
I'm not sure what you're asking. It looks like 12/15/18 is a date and not a code. 18.2-266 is the Virginia code for DWI.
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
It depends on how it was avoided. It is possible in some cases to avoid a checkpoint making a completely legal maneuver.
I’m 18 years old and had an open container in public when a cop saw me put it under my jacket and throw it. He made me admit guilt and now I have to appear in court next week. He mentioned a first offender program, but if I don’t do that and just plead guilty, does it go on my record forever?... Read more »
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.
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.
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... 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, you’ll still be charge with refusal because it is a civil violation.
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).
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... Read more »
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... Read more »
currently on probation for 5 yrs for dwi and suspended license, Would I have to go to 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... Read more »
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