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Virginia DUI / DWI Questions & Answers
3 Answers | Asked in DUI / DWI for Virginia on
Q: I was arrested for dui in va w/ a .09. I was pulled over for failure to switch lanes when passing an emergency vehicle.

This is my first offense the officer commented to the magistrate how I was cooperative and respectful. What are the chances a lawyer can help...what difference will having a lawyer make?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2017

The difference is whether your DUI gets reduced.

Far higher odds, in your favor, with a respected, skilled DUI lawyer handling.

Call Mr. Burk Beale, 703-690-1222

Tell him Mr. William Head, from Atlanta, referred you.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: What would happen if I Eluded a dui charge for 5 years and didn't take care of it?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017

You almost certainly have a warrant for your arrest, sitting out there.

Have you checked your driver's license, to see if it is valid?

Most courts suspend or revoke, for FTA (failure to appear).

2 Answers | Asked in DUI / DWI and Appeals / Appellate Law for Virginia on
Q: I'm in the military and found guilty of DUI in 2012. How can I reinstate my driving privileges in Virginia?

Judgment stated i must attend a alcohol rehabilitation program. I completed the Navy's SARP program in 2012. I have an out of state license but found out later my driving privileges were suspended in program by VASAP. Called VASAP told them I attended SARP and was told they would accept my... View More

William C. Head
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answered on Aug 9, 2017

You need to talk with a lawyer who is an expert in Virginia DUI law. This interstate licensing snafu is one that we see dozens of times a year. Whoever your attorney was back when this was done needed to provide guidance on how to address these issues.

Call Burk Beale. Tell him I referred...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Virginia on
Q: If I get a reckless driving ticket while driving on a restricted, for DUI, will they suspend my license?
Wilfred Yeargan
PREMIUM
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answered on Aug 2, 2017

The answer is there is a strong possibility of a license suspension with the new charge. But the main issue is that you are on probation for the DUI, and there is suspended jail time hanging over your head for that offense if you get convicted on the Reckless Driving charge. You may be served... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: My son got a DUI - do we have to put interlock devices on all the cars in the house?
Steve Miyares
Steve Miyares
answered on Jul 6, 2017

If your son got the DUI and interlock was ordered, then he would be prohibited from driving any vehicle without an interlock. Whether you need to get an interlock installed on all the vehicle depends on whether he will have access to and be driving any if those vehicles.

1 Answer | Asked in DUI / DWI for Virginia on
Q: DUI in 2015 in VA. Didn't finish ASAP, judge let me move overseas. Moving to Texas. How do I get a Texas license?

I got a DUI in my home state of VA. My husband, active duty military, got overseas orders shortly after. I paid all fines, but didn't complete all of my ASAP classes. Judge let me move overseas. We are moving to Texas in 17 months. Will I have to go back to VA to finish ASAP before I can get a... View More

Steve Miyares
Steve Miyares
answered on Jul 6, 2017

You need to ask a Texas attorney about the driver's licensing requirements for Texas.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I had my drivers license suspended, unfairly. I had it reinstated wasting time and money can i sue?

i have therapist notes, it was personal, and decided by OccTher discuss with PTs before 'test' she neveR Explained ., i volunteered for test, thinking we would evaluate my Vehicle, not me. i drove myself to appointments. i was not having problems driving. They treat me like an... View More

Susan Fremit
Susan Fremit
answered on Jun 30, 2017

You are on the criminal defense site of Justia where attorneys answer questions about criminal and traffic offenses. For questions about litigation (whether you can sue or not), go to the civil litigation of this website.

2 Answers | Asked in DUI / DWI for Virginia on
Q: Can I get my drivers license back after a dui if i did not go to court?? In virginia
Susan Fremit
Susan Fremit
answered on May 11, 2017

Not entirely sure what you are asking. If you were convicted of a dui in VA, you would have had to complete VASP and paid all court costs. If you did that and did not have the court grant you a restricted license, you can pay a reinstatement fee to any VA DMV to get your driving privileges back.

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2 Answers | Asked in DUI / DWI for Virginia on
Q: Got DWI in va have nj license car not moving what penalty first offense
James A. Abate
James A. Abate
answered on May 8, 2017

Seven month Suspension.

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1 Answer | Asked in DUI / DWI for Virginia on
Q: Have nj license got dui va what penalty

This is for friend's child

Gary D. Godman
Gary D. Godman
answered on May 8, 2017

Depending on the driver's history and the circumstances of the case, a general DUI is a Class 1 misdemeanor that carries a maximum penalty of 12 months in jail and/or a $2500 fine. Other required penalties are involved. This person needs to talk to a Virginia criminal defense / traffic... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: I had a dui 5 years ago I have now completed asap and everything. Should I still need to be under restricted license?

Paid fines, have interlock installed. I feel as my suspension time should be over and I should be able to operate under an F status license.

Steve Miyares
Steve Miyares
answered on Apr 17, 2017

The first step is to review your original conviction order to determine what the terms of your sentence were. If you have successfully complied with all terms of ASAP, ignition interlock, payment of all fines and costs, and had no new violations over the past five years, then it is likely that you... View More

1 Answer | Asked in Probate and DUI / DWI for Virginia on
Q: Can you move to a different state while on probation? After a form is filled out?

My boyfriend was serving in the military he was charged with a DUI/reckless driving he was sentenced to probation for a yr and now he is out of the military and he wanted to move back to Tennessee his probation officer said he had to fill out a form and hr would be good to go I guess do probation... View More

Susan Fremit
Susan Fremit
answered on Apr 13, 2017

Yes, your boyfriend can continue his probation in another state as long as he has his VA probation officer's permission. That officer will tell him exactly what he needs to do. He will need to report to a probation officer in Tennessee.

1 Answer | Asked in DUI / DWI for Virginia on
Q: I lost my license in 1988 for 3 DUI,s , I haven't. Had any sense, am I able to get one back

They were in il and I just move to virginia

Gary D. Godman
Gary D. Godman
answered on Apr 6, 2017

I doubt you will be able to get it back through Virginia if you lost it to DUIs in Illinois. Contact a traffic attorney near you to review your record. You may also wish to contact an Illinois traffic attorney.

1 Answer | Asked in DUI / DWI and Civil Rights for Virginia on
Q: If an inmates work release is revoked due to a reported tampering, should the inmate get a hearing to explain (in VA)?

Inmate was on camera at work during the alleged tampering and can prove scram device was not tampered with intentionally.

Steve Miyares
Steve Miyares
answered on Mar 24, 2017

There is no right to work release and a Virginia court can authorize the Sheriff to allow you into you, but can not order it. Work release is a privilege offered and operated by the individual Sheriff in your jurisdiction. The Sheriff will set any rules and procedures. If the Sheriff determines... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: If my license was revoked from a dui 9 yrs.ago and i got pull over and got a charge the code is 18.2-272 or dwi-5407- m1

How much time do u think i will serve.

Steve Miyares
Steve Miyares
answered on Mar 24, 2017

A class 1 misdemeanor in Virginia is punishable by up to 12 months in jail and/or a fine up tp $2500. How much time you might actually get depends on the facts and circumstances of your particular case. Do not say anything about your case on here or any other public online forum. Instead you... View More

1 Answer | Asked in Divorce and DUI / DWI for Virginia on
Q: I have my kids every other weekend. But sometimes my ex brings them the whole weeek. Do I still have to give her the $

I also have child support for 2 kids. And now I have a kids with my new wife . Do I have to still give the same amount of child support to the other one or it will change to less?

Gary D. Godman
Gary D. Godman
answered on Mar 20, 2017

You have to continue paying as ordered until a court (or DCSE, if an administrative order) changes the support amount. You can attempt to calculate what the current amount would be using online calculators, or consult with a local family law attorney to see if it's time for a Motion to Amend... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: Will i face jail time for a dwi with a revoked licence. I haven't had a driving charge since 2009
Gary D. Godman
Gary D. Godman
answered on Mar 15, 2017

It's a definite possibility, especially since you appear to have a bad driving record. Consult with a traffic/DUI attorney in the jurisdiction where you are charged.

1 Answer | Asked in DUI / DWI for Virginia on
Q: My license was suspended six years ago for a dwi. I’m moving to Virginia and would like to get my license re-instated

in Virginia - what can I expect from the department of motor vehicles when I do this?

Steve Miyares
Steve Miyares
answered on Jan 3, 2017

Your question does not provide sufficient detail to fully answer. But as a general answer, it is going to depend on whether you have done everything required of you after your conviction (completed ASAP, paid all fines, etc.). If your conviction was in Virginia, then you can contact DMV and... View More

1 Answer | Asked in DUI / DWI for Virginia on
Q: I refused to take a breathalyzer test when I was stopped. Is there any way to contest my license suspension?
Steve Miyares
Steve Miyares
answered on Jan 3, 2017

You should consult with an experience DUI attorney in your local jurisdiction to discuss your possible defenses based on the specific facts and circumstances of your particular case. But do not discuss those facts here or on any other public forum. Schedule a private consultation with an attorney... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Virginia on
Q: If someone is on 52 days of a 90 day drug treatment, is there a way to have his court dates postponed?

My friend's son has been in treatment for 52 days of his 90 day program. This is 2nd treatment (1st was for 30 days and he had 5 relapses). He has 3 court dates in the next two weeks. Is there anyway to throw ourselves on the judge's mercy and postpone for when the 90 day treatment is complete?

Susan Fremit
Susan Fremit
answered on Sep 19, 2016

Your friend should speak to her son's lawyer. Often, with a letter supporting the residential program a defendant is completing, the prosecutor and judge will agree to a continuance of a court date.

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