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I was charged with DWI 2nd offense within 5 years. At my first court date they nolle prossed the charges and wanted to refile them as a 3rd in 10 years. I was told to turn myself in on the Felony warrant within 48 hours. Upon turning myself in I was issued a Misdemeanor summons and released. On the summons it states that 18.2.266.1 did not hold as charge so it could not be used as a predicate offense. Is there anyway the Commonwealth Attorney can ignore the Magistrate's amended charge and refile as a felony again? Can the same same charge be nolle prossed twice? Also, I was only served a summons for the DWI and not the Refusal to take a Breathalyzer charge. Do they have to serve me the summons on the Refusal in order to charge me?
Yes it can be done twice. No they don't have to serve you with the summons. They can wait until you come to court on...
I received a DUI conviction in August. I am currently in VASAP classes. I have looked through all my paperwork, but nowhere do I see that the terms of my probation require me to abstain from alcohol completely (only at ASAP facilities). However, I've been seeing a lot online that I need to abstain completely from alcohol the entire year - can anyone clarify this for me? I don't want to accidentally violate probation. Thank you.
You probably want to get this answer form your former attorney and/or probation officer instead at having someone guess...
I have hard time financially to hire a lawyer to defend me at court on Dec 21st, 2012. Here is a summary of incident: There was a disagreement over a bar drinks bill between my friends and bar manager. Although I intended to pay the bill from the beginning, my friend and bar manager agreed to call the police. While police was on the way, I gave my cards to the manager and took the entire bill upon myself. Upon arrival of the police in site, bills were already paid off. However, the police arrested my friend who still was questioning the bill. To his rescue, I stepped forward with receipt on my hands, but police arrested me anyways. At detention center, police drew his blood but not mine. How can I best help myself from here on ? Should I contact the police as Magistrate suggested ?
While I don't practice in VA, it sounds as if you have a defensible case. There have got to be some attorneys there who...
We were at a bar in Fairfax County, Virginia. When the bar closed, a bill of $230 was given to me. I asked two other friends to split the bill with me, but they refused stating that some of the purchase in the bill also belonged to others on the table who had already left the bar. The bar manager said he would call police, and I requested not to. My other friend agreed to have police in site. While police were on their way, I went ahead and paid the entire bill with my cards. Upon arrival, police handcuffed other friend right away, and turned to me. I said I had already paid the bill, he handcuffed me anyways. We were taken to a detention center to sober up. They took my friends blood sample, but not mine. I just want the simplest and best solution of this case on court for me.
I know a very simple and effective solution: retain a very competent attorney who practices in the area of traffic law...
The final disposition a Drunk in Public case was "Dismissed." Does that mean the person was or was not convicted?
The person pled GUILTY to Drunk in Public in the Commonwealth of Virginia Charge : DRUNK IN PUBLIC Code Section : 17-7 Case Type : Misdemeanor Class : 4
Without looking at the court records myself, it sounds as though the judge allowed for the matter to be taken "under...
I got convicted with a DWI >0.15 in April 2013, and two days ago (one year later), I blew a fail. An hour later I passed, leading me to believe that I failed by a pretty low margin. I wasnt sure what happened and tried rinsing my mouth out, believing that it may have been caused by mouthwash...I just kept thinking did I eat something or drink something that set it off? I blew again one hour later and passed, and now Im wondering if I am going to serve more time under probation for this, especially considering I have 11 clean months with no violations.
When you say you blew a single fail, does that mean you did not give the second blow a few minutes later? The point of...
What are the repercussions of not completing an ignition interlock device term within 12 months of a DUI conviction?
I Received a 1st time DUI conviction and was ordered to complete 6 months of having an Ignition Interlock device. Are there any penalties due finishing the six months install late, past the 12 month court date? (Besides delayed license reinstatement) I have not driven this year and I have no access to a vehicle. I've completed all the other requirements (Alcohol education classes, etc.)
The ignition interlock requirement only applies if you requested a restricted driver's license when you were convicted...
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