Appalachia Crime

He refused the breath test , spent one night in jail and vehicle was towed. He was restrained by 6 officers when he had gotten offended at their perceived disrespect towards him.He has a lawyer. He is normally a nice person but when he relapses it's a shame..We have been trying to get him to accept help for over a year since his relapse,Kids fear for him.He goes to court the 19th of this month.He has good insurance that can pay for rehab.He really needs help.His disease is costing our family much loss and heartache.

If he is found guilty of the DUI, then VASAP will be ordered. That is the basic program required by the state for such...

He refused the breath test , spent one night in jail and vehicle was towed. He was restrained by 6 officers when he had gotten offended at their perceived disrespect towards him.He has a lawyer. He is normally a nice person but when he relapses it's a shame..We have been trying to get him to accept help for over a year since his relapse,Kids fear for him.He goes to court the 19th of this month.He has good insurance that can pay for rehab.He really needs help.His disease is costing our family much loss and heartache.

you might suggest it to his attorney.

I recently was arrested for a DUI in Virginia. My job involves having a security clearance and it requires that I report my arrest the next working day, which I did. Company policy revoked my clearance temporarily so that I can complete a substance abuse program and then have it reinstated upon completion of the program (takes about 6 weeks). My court date was prior to completion of the program so my attorney requested (and was granted) a continuance so that my clearance can be reinstated. The next court date is in 40 days. My attorney advised that performing community service, attending AA meetings could also help get the charges reduced. What else can defendants do to help reduce charges and/or punishment? Thank you for your time.

That's a great question, but it assumes that you and your attorney have decided that "mitigation" and not "litigation"...

I picked up a DUI in Oct 2011 and a DUI 2nd Dec 2011 in the James City County. I have since then completed my jail and began my ASAP counseling. On Nov 2012, I picked up an "Evading and Eluding" while on Colonial Parkway. I went to court in York Country Feb. 2013 for the charge and picked up a plea deal to drop the Drunk in Public and stick with the Evading and Eluding pending 2 years good behavior and enrolling into a PO program. Since then I have completed my 16 week behavioral course as well as my 4 week ASAP and have been compliant with my Probation Officer on all alcohol/drug screenings. I understand the Evading and Eluding from York brought up the violation of my DUI 1 and DUI 2, they are bringing back 85 days for the first and 9 months for the second. I have received a Show Case.

The Commonwealth's attorney will probably argue that you should do the rest of your time for violation of the "good...

2nd DUI in VA in past 10 years. I have paid all my fines, served weekend jail, completed ASAP required classes, completed my 6 months of rehab classes and passed all random drug test and breathalyzer tests. I am abstinent to alchohol. I have not had a drink since 12/25/2011. However, I was away on a business trip in Philadelphia. The night prior I ate a philly cheese steak, fries, and had a pepsi to drink. I went to bed early that night. Woke up the next day completed some additional work remotely in my hotel room and had a mountain dew and 2 bags of pizza combos. Proceeded out to my car at 1:00 in the afternoon and blew into my breathalyzer and failed 1 time (5 min lock out), then 2 and 3 times with an additional 15 min lockout each. I called Draeger each time. What should I do?

Notify the state licensing authority and register a complaint about the device. You may need an attorney to challenge...

Stop was justified by an "abrupt stop" as I was leaving a pvt. parking lot. Officer justified FST based on alcohol smell and a wrist band from the restaurant I was in that indicated I was 21+. He did not observe slurring or stumbling on my part. Failed FST due to not following instructions. I forgot to mention this to the officer (I did mention at jail), but I have documented ADHD. I refused a breath test on the field, and at the police station I was told that I would only have a suspended license for 7 days for refusing (not one year as I now know). Officer did thank me for being completely cooperative through the process. Another officer even commented to him "are you sure this guy is drunk? He seems fine to me." Every case is different, but any chance to reduce to "reckless"?

You have a few issues that should be explored by you and your attorney. The first issue is the probable cause for the...

I was recently arrested for DWI-First Offense and Refusal in the State of Virginia. I also hold a US Secret Security Clearance. I already hold the clearance, and am starting a new contract job next week. Per requirements, I disclosed to my FSO that I was arrested and released. I also stated that I intend to plead not guilty on the grounds of a medical condition that adversely affected my field sobriety test performance. Since I was only arrested and not convicted (presumption of innocence until proven guilty), will my security clearance be automatically revoked?

It would not be automatic. There is a hearing process to revoke your clearance. If this action is started, you need an...