Posts Tagged ‘Virginia DUI Defense’
FAIRFAX VIRGINIA: Marina was retained to appeal a DWI conviction in General District Court. The 30 day active jail sentence imposed in General District Court for violating conditions of a DUI plea agreement and ASAP requirements has been REVOKED after Marina’s appeal of that sentence in Circuit Court. The client walked out of the courthouse a free man instead of having to serve any time in jail.
Arlington, Virginia: A Class 5 Felony Hit and Run car accident (VA Code 46.2-894) with two witnesses, while driving drunk for the second time in 5 years (VA Code 18.2-266), and a confession to both acts – has resulted in only 30 active days in jail on all charges (together with some other conditions and restrictions), even though the client had 4 prior criminal convictions on his record. Client was facing a maximum of 11 years in prison on both charges.
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.
Read more about reckless driving and criminal traffic violations here: What is Reckless Driving in Virginia? | A Defense Lawyer’s explanation of VA Law 46.2-852 and 46.2-862