Pennington Gap Crime

just been put on supervised probation and quit smoking marijuana will i get violated if i fail first drug test?

Technically, yes. You should come clean with your probation officer right away so they know what to expect to see in a...

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"...

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...

I was sitting in my car parked in a hotel parking lot the other night. Keys were in the ignition, but car was parked with headlights off. Two deputies approached the car and asked if we were drinking. I told the officer I had one beer earlier, which was true. He told me to step out of the car and proceeded to do a series of ridiculous field sobriety tests. He said I did poorly, then asked me to take a breath test. I refused. He then handcuffed and put me in the cruiser. He asked again with the threat of a blood test if i refused. I agreed and blew a .015. He said his machine was "uncalibrated", asked me to blow again and I refused. He then took me to the hospital, blood was drawn and I was taken to the holding tank and charged with DUI.

There are a number of potential issues with your case from the "stop" to probable cause to the arrest and then the...

I got a Dui, Dwi and a Dui per se in Md back in 2010. My punishment was a PBJ "Probation before Judgement". I got probation for a year, Alcohol education and court fines. I just recently got another DUI in Virginia (Sept 2012) with a BAC of .19.

Yes this could be potential used as a prior. You will need your attorney to look to see if the prior DUI meets all the...