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In VA: I failed a start up test on my interlock (DUI 2nd in 5 to 10, 2nd being in 2008). Right after, it passed me.
I failed a start up test, it locked me out for 5, then retested and I passed. Got to my destination and cut car off, restarted and I passed again. I have not even had device for a month yet and now this and I have not drink anything at all with alcohol, no meds, nothing. Is this is violation and will I get interlock extended, court again, etc? This is completely nuts. I did replace mouth piece and now seems to be working fine. But I can't keep having this happen since obviously this is a false+.
Get your attorney involved, you don't want technical problems getting you in trouble. Good luck.
I'm under 18 and got my first reckless driving is there any chance I won't get my licenses suspensed
It was 83 in a 65 at night around 9
There is always a chance. That said, as a juvenile, if you are convicted of a reckless, the DMV will suspend your...
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 have the interlock in my car and Violated on morning (.05 - someone else was driving my car...so it wasnt me violating but...
I realize its my responsibilty bc its my interlock) I called my ASAP officer to notify her and told her that I blew after the 5 minute retest and passed and was able to drive myself to work. She called me a month later to hold me accountable for my violation and I told her that when I retested, it passed. She said I "retested" with a .01 and that was a violation. What is going to happen? I dont drink alcohol anymore... and I KNOW that it failed the first time bc the person who was taking me to work.. had drank the night before...but I hadnt.. and I passed w I blew... it was a .01? Could this be from my mouthwash? And what will happen to me since I apparantly violated?
I have experience in these cases in Virginia Beach. VASAP requires that a retest be conducted with a 0.00 test, and...
Husband is facing a 3rd DWI in ten years in Arlington County, Virginia (felony). Is there hope of reducing it to a misdemeanor?
He was never given a PBT once pulled over by US Park Police (sidenote: he was pulled over in Arlington County). The officer made him do the walk/turn, stand on the foot for 30 seconds and the eye test. He ended up blowing .09 at the station 2 hours after being pulled over for going 40mph in a 30mph in Washington DC. The magistrate also questioned the officer's authority to arrest as his name/number never appeared in the magistrate's database. While this is my husband's 3rd DWI in ten years he has stayed out of trouble for over 6 years so it's not as bad as the 3rd w/n 5. Is there any hope in reducing this charge in Arlington County? We've begun speaking with attorneys and I just need to know if any hope exists in fighting this down to a misdemeanor.
There is always a chance for a reduction or dismissal but there is no guarantee. The best thing to be done is to hire a...
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...
The officer asked me if i drank or took anything & I was honest. I did not have a single drink, but I took 2x .5 mg of kolonipin approx. 2 hours prior. I am currently prescribed to take up to 3 a day. I gave him the medication (which he never gave back to me), and he then put me in hand cuffs and took me to jail.
There are 4 elements that need to be proven to convict you for driving under the influence of drugs. You need to...
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