My Case manager signed me up for classes without speaking to me first. I called her and told her I couldn't make the classes she signed me up for and now I have a show cause. Will I go to Jail?
answered on Feb 12, 2018
The lawyer who represented you on the DUI charge will have a better idea regarding the judge's position regarding violations and whether you have a defense.
Had been under impression that because I had no vehicle, not driving untilmy record was clean was punishment and at some point I would not be obligatedto submit to ASAP, etc. Is there a certain length of time Asap is no longer applicable.
answered on Feb 12, 2018
You needed to complete the ASAP program or you would have been violated. If you have completed the program, you will require a letter from ASAP to take to the DMV. In all likelihood, DMV will advise you that you need to get the interlock installed and have 6 straight months of no positive breath... View More 
If you are charged with a felony DUI and you successfully complete a 30 day inpatient rehab/treatment program before your court case will that help your defense?
answered on Feb 6, 2018
It certainly won't hurt. It may give your attorney a good argument for your felony dui to be amended to a miss. dui.
What does it mean to have an agreement to the stipulation of facts in a felony dui case
answered on Feb 2, 2018
It means you are agreeing with all the facts of the government that are being used to prove the elements of the charge. However, you can still present your own evidence that may mitigate or help your defense.
I have been charged with a felony DUI even though I was not driving my vehicle. I have never been charged with a felony before. Is it possible that a plea bargain could be reached after indictment by the grand jury? Possibly to a misdemeanor considering I was not driving the car.
answered on Jan 29, 2018
Your attorney would be in a better position to answer this question. A felony DUI usually indicates 2 prior DUI convictions. You only need to be in the driver's seat with the key in the ignition. "Drive" has been interpreted to mean "operate". It might be possible to... View More
I have a preliminary hearing today for a felony DUI. I was not driving my vehicle I was parked with the keys in the ignition at the top of my driveway. Giving my circumstance do you think the judge would find probable cause and certify the case to the Grand Jury? Also, do you know how long a... View More
answered on Jan 26, 2018
In Virginia if the keys are in the ignition and you are in the driver’s seat the case law holds that you are “operating” the vehicle. Hopefully your attorney can reach a favorable agreement with the Commonwealth.
I have been charged with a felony DUI 4th offense in 10 years. I have no felonies on my record as my other DUI's are DUI 1st and two DUI 2nd offenses. I have a pre-liminary hearing this Friday if the officer does not show up for the hearing can the case be dismissed?
answered on Jan 23, 2018
Most likely the case would be continued to give the Commonwealth an opportunity to get the officer to court.
I have been charged with a DUI 4th offense in 10 years. I have no felony charges on my record. My other DUI charges are DUI 1st and two DUI 2nd offenses. Can this charge still be considered a "wobbler" and be part of a plea bargain which may reduce this charge to a misdemeanor because of... View More
answered on Jan 20, 2018
Any charge can potentially be reduced if you work out a plea agreement with the Commonwealth Attorney’s Office. However, some Commonwealth Attorneys have different policies when it relates to discretion on DUI charges. Talk to a local attorney who can advise you on possibilities and the defences.
Do you know approximately how much time a person would have to serve for the following charges:
DRV AFTER ILLEGL CONSUME ALCOH
TWO BAILEE VIOL REL/PRETRIAL COND
ALTERING A URINE DRUG SCREEN SAMPLE
answered on Jan 15, 2018
There is not enough information to answer your question. For example, the first one sounds like a DUI. How much jail time, if any, would depend on your criminal record, if any, the BAC if any, etc. You should seriously consider hiring a local experienced criminal defense attorney.
Can a felony DUI in Virginia be a "wobbler" meaning can the prosecutor amend the charge to a misdemeanor as part of a plea deal. If so, can this be done at or before the preliminary hearing or at some point in the felony case process. I live in Caroline County, VA.
answered on Jan 10, 2018
The felony DUI could be amended to a misdemeanor as part of plea deal at the preliminary hearing but it depends on your criminal record (if any), the BAC reading, the facts surrounding the alleged offense, whether the prosecution can prove that there are at least 2 prior dui convictions, etc. You... View More
I am in the weekender program serving 10 weekends (20 days) for a second DUI conviction. I was "misplaced" in the detox room when I was supposed to be in the suicide watch cell, though I am not suicidal, and have no history of mental illness, or poor mental health. I was left in the... View More
answered on Jan 7, 2018
You need to consult with an attorney that specializes in what are called "1983" actions. You should act soon, there are certain strict time limits that may apply.
my grandson got a first offence dui while visiting in Colorado. Can he come back home and await the trail?
answered on Jan 3, 2018
He needs to check his release conditions with his lawyer. Since he has an out of state address, he likely had to sign a release form which likely states whether he can leave the state or not. If he has a condition that states he cannot leave, he can ask his lawyer to bring a motion to change that... View More
A year ago I moved overseas. If I surrender my license do I have to complete ASAP before I can return overseas? Or can I complete it when I return to VA and want my license back?
answered on Dec 31, 2017
You should speak to your DUI attorney. Generally, if you don’t complete ASAP within a certain time frame, they will send a notice of noncompliance to the Judge and a warrant for your arrest will be issued. It would likely be better to request a waiver in advance than a forgiveness after the fact.
Background: My son is 27 years old and has always been careful not to drink and drive and never considered that he could still show any level of alcohol usage the day after. He was pulled over because he changed lanes across a solid line. The officer said he smelled alcohol on his breath and did... View More
answered on Dec 27, 2017
There is a possibility of a great many things happening at trial including jail time. Therefore, your son should hire a lawyer to represent him. The likelihood of success depends on several factors which a lawyer will need to explore with your son.
I was convicted of my first dui in December of 2016, my license was suspended in march of 2017. I never had an ignition interlock installed, and my restricted license will end on March 15th. Will I have to install a device after that date? Or will I be free to reinstate my license without a device?
answered on Dec 23, 2017
To drive on a restricted license, you need to have an interlock device. If you have a restricted license but have not driven, DMV will require that you imstall an interlock device for at least 6 months and have no positive readings in that time before they will consider reinstating your full... View More
answered on Dec 19, 2017
That depends on the status of your DUI case. The fact that you didn’t go to court mare made you a fugitive, and being a fugitive tolls the statute of limitations and could also have led to an additional charge of failure to appear. If a fugitive warrant was issued against you then it might... View More
i havent drove sinve ive been on it and its really frustrating so I was wondering I'd it illegal if I have it in my system even at a low dose.
answered on Dec 19, 2017
The issue would be whether or not you are impaired while driving. For alcohol and certain other drugs, Virginia has certain specific level in your body at which you are presumed to be impaired (for example, 0.08 or higher blood alcohol). However, a person can still be convicted of DUI with a... View More
answered on Dec 13, 2017
While most police officers will read a person their Miranda rights as soon as they are being arrested, this is not required. The Miranda warnings apply to situations where the person is in police custody and is being questioned by police. So the police are not required to give Miranda warnings... View More
state?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2017
Yes, you could be arrested for DWI, possession of marijuana and/or possession of paraphernalia depending on what was in the car at the accident scene. DWI is a Class 1 misdemeanor and carries potential jail time, loss of license, and significant probation restrictions. Possession of marijuana is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2017
If the police officer failed to read you Miranda rights AND you were in custody and subject to interrogation (questioning) under circumstances where it is clear you were not free to leave, then any statements obtained as a result of the conversation may be suppressed as evidence. The prosecution... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
