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You commit violation driving with revoked license, can jail be changed to a less hard punishment
The punishment for a violation of probation will be determined by the judge who sentenced you on the DWI. There are...
Is it true that I can't posses a gun or sign anything or vote while I'm intoxicated? Thanks
This is the best question I've ever seen on Avvo. Well played. In fact, you can do a surprising number of things...
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...
My boyfriend recently got a 3rd DUI. The first was in VA about 4 years ago, the 2nd was in FL a year and a half ago and this 3rd one just happened here in VA. I have heard that since the laws for DUI s in FL and VA are different, that this 3rd one could be charged as a 2nd instead. Is this true?
His Florida DWI will only make his recent one a third if a Judge rules that the Florida DWI law is substantially...
I was charged with a DWI a year ago, a RDL, and interlock installed. I had two violiations on interlock during my probation.
I recently had two violations 4/5 Brac .029 at 9:43p and no retest until 11:27p and on 6/14 reading of .023 at 6:52p and reading of .0009 at 7:44 p. My RDL expired on 8/19. I went to court 8/20 to get an extension until my Oct. court date for violation. The judge denied my request with prejudice. I was referred to a substance abuse evaluation. I don't know if voluntarily signing up for a substance abuse program will help my case. My original attorney was useless. We went to court and the plea bargain I got was to take the DWI and the refusal would be dropped. I told my attorney I didn't want to take the DWI because I didnt refuse but he made it seem the best deal. The street breathalyzer is the only probable cause because they couldn't get a reading in jail and gave me refusal.
First of all, the question shouldn't be whether signing up for a substance abuse program will help your case, but...
Can a DWI as a person under the age of 21 can be used as a predicate offense to enhance a later DWI?
Charged with Driving after Illegally consuming in 2006 (age 19) and DWI 1st in June 2007 (age 20). 2 weeks ago I was charged with DWI 2nd (age 26), is this the correct charge?
If you were convicted of the DWI when you were 20, then yes, a subsequent DWI would be an aggravated offense. But if...
Waiting Court hearing for DUI forfeiture, what you do for your best defense, of course I have a lawyer.
How do I help in my defense how often you can call your counsel, I have a lot of anxiety about this, I don't wanna serve time again what I should ask, my probation officer is supportive but is not above a Judge. Button line I want the best this time I read in one of the contributors and advice about DUI2 defense that my previous Lawyer didn't even talk about it it may have work for me getting 10 rather than 20 days jail that I Did even after Rehabilitation VASAP, AA, Groups therapy etc. So you wonder...
Since you've stated that you have legal counsel, we are put in a position where advising you would be improper. Some of...
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