Saturday, November 5, 2011

DRIVING ON A SUSPENDED LICENSE DUE TO A DUI - FAIRFAX COUNTY

Facts:
Client was driving to the ASAP program when she was stopped by law enforcement. Client was unable to find her restricted license that granted her the requisite permission to drive whatsoever. The officer, thankfully, allowed her to travel onto the ASAP class. Once Client arrived, she discovered that her license fell under her seat.
Disposition:
Case was nolle prossed (dismissed) by the prosecutor.

POSSESSION OF MARIJUANA - FAIRFAX J&DR DISTRICT COURT

Facts:
Marijuana was found in my Client's book bag as he was attempting to enter his school.

Disposition:
Client performed 25 hours of community service prior to court and the Commonwealth's Attorney agreed to nolle pros (dismiss) the charge against him.

Note: While a lot of the facts of this case are omitted intentionally, possession of a controlled substance can only be established if you are aware that the substance is "present," and you are aware of what the substance "is."

So... actual possession = presence + knowledge

Thursday, October 20, 2011

DUI (.22); RECKLESS DRIVING (88/55) - FAIRFAX COUNTY

Facts:
Client stopped for speeding on the Dulles Toll Road. Client allegedly failed several Field Sobriety Tests and submitted to a Preliminary Breath Test with the result of .19. He was then arrested for DUI. When he arrived at the police station, he submitted to the EC/IR2 with a result of .22.

Disposition:
The Blood Alcohol Content was reduced from .22 to .20 - saving Client 5 additional days in jail. The Reckless Driving charge was nolle prossed (dismissed) by the prosecutor. While Client had to serve 5 days in jail, we were able to convince the judge to allow him to report two weeks later to serve his jail sentence so he could take care of personal matters.

For more information on DUI and Reckless Driving, please go to www.CriminalAttorneyVa.com

Wednesday, July 27, 2011

DUI (.18) - FAIRFAX COUNTY

DUI (.18) - 18.2-266

DISPOSITION: COMMONWEALTH'S ATTORNEY STRUCK REFERENCE TO CLIENT'S BLOOD ALCOHOL CONTENT (BAC) THEREBY ELIMINATING THE 5 DAY MANDATORY JAIL SENTENCE AND IGNITION INTERLOCK DEVICE.

Tuesday, July 26, 2011

DRUNK IN PUBLIC - PRINCE WILLIAM COUNTY

DRUNK IN PUBLIC - 18.2-388

DISPOSITION: CHARGE WAS DISMISSED BY THE COMMONWEALTH'S ATTORNEY (NOLLE PROSSED).

DUI (.07) - PRINCE WILLIAM COUNTY

DUI (.07) - 18.2-266

DISPOSITION: REDUCED TO RECKLESS DRIVING - 46.2-852.

Wednesday, July 13, 2011

SPEEDING (41/25) - TOWN OF HERNDON

SPEEDING (41/35) - 46.2-874

DISPOSITION: REDUCED TO DEFECTIVE EQUIPMENT.

NOTE: DEFECTIVE EQUIPMENT IS A ZERO (0) POINT VIOLATION.