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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.
answered on Jul 27, 2018
A bicycle does not count as a “motor vehicle” in Virginia. However you can be charged with reckless biking.
If you appeal a felony DUI conviction would you be able to stay out on bail while awaiting appeal?
answered on Jul 27, 2018
It is possible to have the court stay your sentence pending your appeal to the Court of Appeals but it is very rare.
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... View More
answered on Jul 6, 2018
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?
answered on Jun 22, 2018
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.
If you are currently out on bond can the prosecutor ask for your bond to be revoked because you decide to change from a plea to a judge trial? I have not violated any terms of my bond.
answered on Jun 18, 2018
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... View More
answered on Jun 13, 2018
The price will most likely go up if you are convicted and you will have to purchase supplemental insurance with a restricted license.
answered on Jun 4, 2018
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.
answered on May 25, 2018
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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