ATTORNEY RESULT, ALEXANDRIA VIRGINIA: A second DUI Offense under VA Code 18.2-266, accompanied by four related misdemeanor and traffic infractions for Driving on Suspended License (VA Code 18.2-272) and the like, taking place within 2 months of the first DUI conviction in Fairfax Virginia, resulted in: only 20 days to serve – the bare minimum under the code – together with the standard DUI penalty package, a reduction of one of the Driving on Suspended charges, and a dismissal of the rest.
CITY OF ALEXANDRIA, VIRGINIA: VA Code 46.2-301 Class 1 Misdemeanor Driving on a Suspended License after DUI License Revocation in another state was DROPPED at the first appearance.
VIRGINIA LAW ON DRIVING ON A SUSPENDED LICENSE
Virginia law punishes driving behavior as a crime. If you drive in Virginia after your driver’s license was suspended or revoked, you will be charged with a Class 1 misdemeanor offense under VA Law 46.2-301 (shared by county code 82-1-6 in Fairfax). A third or subsequent offense occurring within a 10-year period also carries a mandatory minimum term of confinement in jail of 10 days.
Defenses include driving a vehicle in order to save life or limb, or not having notice of the suspension of revocation.
A repeat offender (with 12 prior felony and misdemeanor convictions) was charged with 8 total criminal offenses – felony endangerment / eluding police (VA Code 46.2-817), misdemeanor 2nd DUI in 5 years (VA Code 18.2-266), misdemeanor reckless driving (VA Code 46.2-852), misdemeanor driving on a suspended license after a DWI (VA Code 18.2-272), misdemeanor driving on a revoked license 3rd offense (VA Code 46.2-301), misdemeanor drinking while driving / open container of alcohol in vehicle (VA Code 18.2-323.1), refusal to take breath test (VA Code 18.2-268.3), and traffic offenses. All charges were DROPPED prior to commencement of a jury trial with a plea to one felony and one misdemeanor, significantly reducing client’s potential jail sentence.
Alexandria, Virginia: Client was charged with class 1 misdemeanor DWI / DUI Drunk Driving (VA Code 18.2-266) after a serious vehicle accident. Trial result – NOT GUILTY.
Civil infraction ticket refusal to take a breath / blood test resulted in the standard 12 month loss of privilege to drive in Virginia, and a traffic infraction charge of failure to maintain lane of travel was fined. No criminal conviction and no criminal record as a result.
Fairfax County, Virginia: Client was charged with class 1 misdemeanor DUI Drunk Driving (VA Code 18.2-266) – with a BAC (blood alcohol content) of .15. Under VA law, he was facing a mandatory minimum jail sentence of 5 days and a maximum sentence of up to 1 year in jail, license suspension for 12 months, up to a $2,500 fine, and ASAP classes.
RESULT: The BAC of .15 was REDUCED below the mandatory minimum level, NO ACTIVE JAIL TIME, only a $250 active fine, license suspension, and ASAP classes!
Fairfax County, Virginia: Client was charged with a Drunk Driving violation (VA Code 18.2-266 – a class 1 misdemeanor offense) – with a BAC (blood alcohol content) of .12. Under VA law, she was facing a mandatory license suspension for 12 months, up to 1 year in jail, up to a $2,500 fine, and ASAP classes.
RESULT: NO ACTIVE JAIL TIME! With only an active $250 fine, license suspension, and ASAP classes!
NORTHERN VIRGINIA: Client was charged with a serious Drunk Driving violation (VA Code 18.2-266 – a class 1 misdemeanor offense) with a BAC (blood alcohol content) of .18. Under VA law, he was facing a mandatory minimum of 5 days in jail for having a BAC above .15. He was also charged with Reckless Driving (VA Code 46.2-852 – also a class 1 misdemeanor offense) for speeding 30 miles over the speed limit. The evidence in this case overwhelmingly favored the government.
Client was facing up to 2 years in jail with a maximum fine of $5,000.
RESULT: Reckless Driving charge DISMISSED. DUI with a .18 charge REDUCED to a DUI with a lower BAC level of .14. Client received a penalty of a $300 fine and only two and a half days to serve in jail, with the standard license suspension for DUI offenses.
Fairfax City, Virginia: Client was facing 3 criminal charges: misdemeanor DUI drunk driving (VA Code 18.2-266), misdemeanor refusal to take a breath / blood test, and misdemeanor driving in violation of restricted / revoked driver’s license. The evidence in this case overwhelmingly favored the government, as the client was recorded by the police officer’s video camera, which showed the defendant acting uncooperatively, intoxicated, and racist.
This was also the client’s second DUI/DWI offense within 5 years – which has a mandatory 20 day jail sentence under Virginia law. Client was facing up to 3 years in prison, and up to a $7,500 fine on all charges.
RESULT: Guilty plea to the DUI with the mandatory minimum jail sentence and no additional jail time, and the other two misdemeanors were DROPPED.
FAIRFAX COUNTY, VIRGINIA: Class 1 Misdemeanor Charge of Driving on a Suspended / Revoked License (VA Code 46.2-301) was DROPPED. Read more about Reckless Driving and other criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Criminal Lawyer’s explanation of VA Law 46.2-852 and 46.2-862