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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... View More 
answered on Mar 28, 2019
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... View 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,... View More
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answered on Feb 25, 2019
I don't see any DUI question here the seems to be a landlord tenant issue.
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answered on Feb 16, 2019
Your outcome will depend on the facts of the case. Typically the bac is the biggest factor but a good driving record helps.
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answered on Jan 24, 2019
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.
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answered on Nov 30, 2018
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?... View More
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answered on Nov 18, 2018
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.
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answered on Nov 16, 2018
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.
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answered on Nov 16, 2018
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... View More
answered on Nov 16, 2018
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.
answered on Nov 2, 2018
No, you’ll still be charge with refusal because it is a civil violation.
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answered on Oct 26, 2018
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).
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answered on Oct 20, 2018
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... View More
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answered on Oct 15, 2018
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... View More
currently on probation for 5 yrs for dwi and suspended license, Would I have to go to jail?
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answered on Oct 15, 2018
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... View More
My case for DUI-1st was a guilty. I ended up moving away and currently living in another state. I do not drive at all, and will not until I comply.
I went back to review my case and pay fines, and found Nolle Prosequi for ASAP classes.. Does that mean I can just pay my fines, and get back... View More
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answered on Oct 15, 2018
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... View More
Checkpoint. Not pulled over. Fauquier County.
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answered on Oct 15, 2018
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.
Was pulled over in June, given at least 8 field sobriety tests and then told I could not refuse a blood test. Arrested and charged with dwi on my prescription medicine
answered on Oct 7, 2018
You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.
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... View More
answered on Aug 11, 2018
If you are not getting the level of representation you want you should consider hiring private counsel.
Can I request a copy of my case file? If so, are there any rules that govern this request?
answered on Aug 9, 2018
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.
Is there a law that governs when a motion to suppress has to be heard by. For example, 7 days before trial? Or is it based on jurisdiction.
answered on Jul 30, 2018
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.
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