Virginia DUI / DWI Lawyer

I help people with DUI charges. I help to make sure that you don't get a criminal record. If you get pulled over and you've had a few beers, what I would recommend doing is not rolling your window down too, too far. If you have a breath mint, that's probably a good idea that you use a breath mint. I would recommend that you, to the extent that you can, you assert your right to remain silent. So, you don't have to make any statements to the police. The police officer's gonna ask for your license and registration, provide those. I wouldn't roll my window down too far. Hopefully, the officer doesn't know that, notice that you have alcohol on your breath, but I wouldn't in general advise that you make any statements to the police regarding your case. You have a right to remain silent. If the police officer does smell alcohol and he starts asking you questions about that, you have the right to remain silent, and you should assert your right to remain silent. Field Sobriety Tests, whether you do them or not, it can be a double-edged sword. Same with the PBT. If you know that if you're extremely, extremely confident that you are below the limit, it's not gonna hurt you to do a PBT at the scene because your breath test will be below a .08, which will help you. However, if you're at all unsure, it's never gonna be a good idea in my opinion to do the Field Sobriety Tests or the PBT, simply because the Field Sobriety Tests are designed to mess you up. Almost everybody fails Field Sobriety Tests, and the PBT is just a Preliminary Breath Test, it's not admissible in court, so it only helps you if you're below a .08 on the PBT. The Field Sobriety Tests again, unless you haven't had anything to drink, it's probably not at all advisable that you do those, because they're designed to make you fail. These are tests that were designed to do in a laboratory environment, on a flat surface with good lighting, and these are done in the dark, on the side of a road, and a lot of the tests aren't even the Standardized Field Sobriety Tests, so there's no science behind them. If you refuse a Field Sobriety Test or a Preliminary Breath Test, those are both consensual tests. S o, there's no consequences as far as a license suspension or anything like that. It is admissible in a court of law, whether or not you declined the Field Sobriety Tests, but there's no license suspension for not doing them. So, they're absolutely consensual. And in a lot of cases, you probably should refuse them. You get pulled over in Virginia and the police officer says that he smells alcohol and starts questioning you about that, you need to know that you have the right to remain silent, and you probably should assert your right to remain silent in that situation. It's never gonna help you to answer that question, unless you can definitively and honestly say that you've had nothing to drink. You can feel free to give us a call, and we provide a full consultation. We'll go over your case from start to finish. There's never any obligation, so there's never gonna be any pressure. You can talk to us for as long as you want about your case. We'll fully discuss your case, and there's never any obligation to move forward. It's completely risk free.

Had a few drinks and pulled over in Virginia? You need to know this!

You most likely will not be able to expunge your DUI in Virginia. Most people who ask this question have been convicted of a DUI. If you are convicted, that means you were found guilty. In Virginia, you can only expunge certain records. Virginia law section 19.2-392.2 says you can expunge the following: if you were acquitted (found NOT GUILTY) of the DUI if the prosecutor nolle pross’d the DUI nolle prosequi means “decline to prosecute” the DUI if the charge was “otherwise dismissed” if someone is found guilty, and later granted a pardon victims of identity theft for DUI Expunging a Virginia DUI or DWI is very rare. Most prosecutors do not drop (nolle prosequi) a DUI charge unless there is a legal defense. You can potentially expunge a Virginia DUI in one of these situations.

Legal Defense Results in No Jail Where Jail Would Have Been Mandatory In Chesterfield County, Virginia, DUI cases are more serious when there is an accident involved. The judges and the prosecutors treat these cases more serious than your average DUI. However, when you combine an elevated BAC with a serious accident, it is much[...] The post Chesterfield, Virginia Mandatory Jail Time DUI Avoids Jail on Legal Defense appeared first on Leavitt & Martin.

Disclaimer: Every case is different and past results do not guarantee or predict future results. Hopewell, VA DWI 2nd Offense within 5 years Reduced Every once in a while you get a result that is eye popping, and quite frankly probably should not have happened. This is one of those cases. I represented a client[...] The post HOPEWELL, VA DWI 2nd WITHIN 5 YEARS REDUCED, NO LICENSE SUSPENSION NO VASAP appeared first on Leavitt & Martin.

Disclaimer: Every case is different and past results do not guarantee or predict future results. TWO POWHATAN, VA DUI/DWI CASES REDUCED DUI cases are challenging because they bring a lot of public attention. There are many people and groups who track DUI/DWI charges and in my experience they tend to be more political. No one[...] The post Powhatan, VA DUI DWI Cases REDUCED to Reckless Driving appeared first on Leavitt & Martin.

The State of Virginia considers Driving under the influence (DUI) a serious offense. Those convicted face harsh penalties. Generally, the severity of a DUI charge depends on a number of factors. They include the driver’s age, the number of prior DUIs, and Blood Alcohol Concentration (BAC). Understanding the various DUI laws can be difficult. If[...] The post DUI Punishments in VA – What are You Facing? appeared first on Leavitt & Martin.