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 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...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 »
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 »
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...Read more »
No my license are being suspended on August 22nd and I haven't even been to court yet my court date is November 7th I haven't legal aid lawyer she will not even return my calls nothing I'm getting railroaded and I can't do nothing please help me at least give me a direction to... Read more »
Is there a law that governs Motions to Suppress evidence in Felony DUI cases? For example, does the motion have to be submitted by a certain time? Would there be a hearing before trial or would the motion be argued at trial (scheduled for a trial by jury)? If there are laws that govern this... Read more »
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/
Does anyone know if a motion to suppress evidence in a DUI felony case happens before the actual trial date? If so, does the judge review the motion with my lawyer, prosecution, and police officer in a private hearing?
The motion to suppress can happen before court, or in some cases, the parties will agree to hear the matter before the trial. The judge will review the motion and hear the evidence regarding the motion and thereafter make a ruling.
A prosecutor can ask for anything, but that does not necessarily mean the prosecutor is going to get it. I think a prosecutor would be hard-pressed to convince a judge that your bond should be revoked because you want to exercise your absolute constitutional right to go to trial if you have not...Read more »
Not if you are able to defend against these charges in court. That is the first line of defending your CDL. If you are convicted of DWI/DUI your CDL will be revoked but I do not believe it is indefinite in VA.
Yes, the level of your blood alcohol level only creates a rebuttable inference of impairment. If the court finds beyond a reasonable doubt you drank enough alcohol to affect your speech, manner and disposition they can still convict you.
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