DUI (.28) - Prince William County

Driving Under the Influence (18.2-266) with an enhanced BAC of .28 - Prince William County

Facts: Client was involved in a multi-car accident in Prince William County. What made the facts of this case problematic is that Client decided to leave the scene of that accident and drive home. Client was stopped by law enforcement a short time later where he, according to law enforcement, allegedly failed a series of standard field sobriety tests (FSTs). At that point, Client was administered the Preliminary Breath Test (PBT), and his result was a .22. Client was arrested for DUI and was administerd the EC/IR2 (Intox) where he blew a .28.

Note: I was terribly concerned about the ultimate disposition in this case. As a former prosecutor, I know that asking for 30-60 days is not out of the question in cases where the BAC is almost four-times the legal limit combined with an accident. This facts of this case was certainly aggravating.

Disposition: The BAC was reduced to .15. Client is required to serve 5-days (mandatory minimum) in jail. He must also pay a $350 fine, attend ASAP and his ability to drive has been suspended for one-year. However, he was granted a restricted license by the court so long as he has the ignition interlock device installed on his car. Overall, it was a very favorable disposition for my Client.

Domestic Assault and Battery (18.2-57.2) - Fairfax County Juvenile and Domestic Relations District Court

Domestic Assault and Battery (18.2-57.2).

Facts: Two brothers were fighting when stepfather called police to break-up altercation. The oldest brother was arrested and charged with battery on his younger brother. Since both brother lived under the same roof, it is considered "domestic" in nature and the Commonwealth's Attorney proceeded under 18.2-57.2 instead of 18.2-57.

Dispostion: The case was nolle prossed (dismissed) by the Commonwealth's Attorney.

Reckless Driving Generally (46.2-852) - Alexandria

Reckless Driving (46.2-852). According to law enforcement, Client was swerving in and out of traffic and was involved in, what was descrived as, an aggressive verbal exchange with another driver.

Disposition: Reduced to Improper Driving (46.2-869). Client was required to pay $100 plus court costs.

DUI (.08) - Stafford County

DUI (18.2-266). Client, an Arlington resident, was stopped in Stafford County for: 1) Headlight out; 2) Illegal U-turn. Client admitted to drinking and agreed to perform field sobriety tests where she passed two of the three tests. She blew a .10 on the PBT and was arrested for DUI.

Disposition: After a trial, Client was found Not Guilty.

DUI; Refusal - City of Alexandria

DUI (18.2-266) and Refusal (18.2-268.3). Facts of the case: Client fell asleep/passed out at the wheel while stopped at a red light in Old Town Alexandria. Law enforcement responded and removed Client from car. Client refused all fiend sobriety tests, PBT and the Intoxilyzer at the police station. The police report noted at that Client admitted to drinking and had a strong odor of alcohol coming from his person. Additionally, the police report noted that client was "unsteady" on his feet but walked "normally." The police report also indicated that his eyes were "normal" and that my client mumbled.

Disposition: DUI reduced to Reckless Driving Generally (46.2-852). The Refusal was nolle prossed by the Commonwealth's Attorney. Client's license was suspended for 6 months and he had to attend the ASAP program. Client received a fine of $300. No jail time. Client is a Maryland resident so the license suspension does not affect him.

Fairfax County J&DR District Court - DUI (.07)

DUI (18.2-266.1). Client, a juvenile, was charged with a "baby" DUI in Fairfax County. The term, "Baby," is used informally to reference 18.2-266.1, the under 21 DUI statute. That statute criminalizes the operation of a motor vehicle, by a person under the age of 21, with a BAC between .02 and .08.

Disposition: Reduced to Reckless Driving Generally (46.2-852). Client was required to attend an alcohol awareness class and had his license suspended for six months. However, he was allowed to drive an a restricted basis.

DUI; False Police Report - City of Alexandria

DUI (18.2-266) and False Police Report (18.2-461). Disposition: DUI was reduced to Reckless Driving (46.2-852). False police was nolle prossed by the Commonwealth's Attorney. Client required to pay courts costs (no fine) and attend ASAP. His license to drive is suspended for six months. However, a restricted license was granted by the court. No jail time.

DUI (.15) - Loudoun County

DUI (18.2-266) with an enhanced BAC of .15. After my Client left a bar/restaurant late one evening, he lost control of his automobile and wrecked. Once police arrived on the scene my client established: that he was the driver, that he had been drinking, the time the accident occurred and the fact that he did not consume any alcohol after the accident. Client did not perform well on the FST's and his PBT result was.138.

Disposition: Reduced to Reckless Driving (Generally (46.2-852)). Client must complete the ASAP class and his ability to drive was suspended for six months. However, a restricted license was authorized by the court. No jail time.

Reckless Driving by Speed - Fairfax County

Reckless Driving (46.2-862). Client was traveling 75/55 on Interstate 66. Client had a -8 driving record in Virginia; not a good record whatsoever.

Disposition: Reduced to simple speeding (46.2-870). While the Assistant Commonwealth's Attorney stated that my Client's driving record "sucked," he still agreed to reduce the charge from Reckless Driving which is a Class 1 misdemeanor in Virginia.

Speeding (70/55) - Fairfax County

Speeding (46.2-870). Client was traveling 70/55 on Route 28. The problem in this case was that the Client worked as a cab driver and had a very bad driving record (-10). If my Client was found guilty of the charge, he would have lost an additional 3 points; thereby making his driving record -13 and putting him in jeopardy of losing his job and potentially his license.

Disposition: Reduced to Failure to Pay Full Time and Attention. The amended charge carries with it 0 points. Therefore, my Client's driving record was not adversely effected. My Client was required to pay a fine of $250.

FELONY DUI 3RD; REFUSAL 3RD; OBSTRUCTION; DRINKING WHILE OPERATING; NO OPERATOR'S LICENSE - LOUDOUN COUNTY

Felony DUI 3rd (18.2-266/18.2-270); Refusal 3rd (18.2-268.3); Obstruction of Justice (18.2-460); Drinking While Operating Vehicle (18.2-323.1) & No Driver's License (46.2-300).

Client was pulled over for suspicion of DUI (swerving) and fled on foot once Loudoun County Sheriff's stopped him. He was arrested and charged with Felony DUI 3rd within 10 years. He substquently refused the breath test at the police station. Since he ran from law enforcement, he was charged with Obstruction of Justice. Law enforcement found an open container of alcohol in his car which led to the charge of Drinking while Operating. He did not have a valid driver's license and there is an outstanding arrest warrant for Client in another state.

DISPOSITION:

1) DUI 3rd - Reduced to DUI 2nd within 10 years. 10 days in jail (Client has already served seven days prior to being released); $500 fine & ASAP. Client can apply for restricted license after four months with ignition interlock. Client was allowed to serve his remaining sentence on the weekend - Rare in Loudoun County. This sentence was the minimum that my client could receive pursuant to Va. Code 18.2-270. A very good day for Client.

2) Refusal 3rd - Dismissed

3) Obstruction of Justice - Dismissed

4) Drinking while operating vehicle - Dismissed

5) No Driver's License - Dismissed

DUI (.16); Reckless Driving by Speed - Frederick County, Virginia

DUI ((.16) (18.2-266/18.2-270)) and Reckless Driving by Speed ((83/65) (46.2-862)). Pursuant to Va. Code 18.2-270, a DUI conviction where the defendant's BAC is between .15-.19 is punishable by 5 days in jail, a mandatory minimum, and installation of the ignition interlock device. Honestly, this case was solid for the Commonwealth's Attorney. The stop was good (speeding), my client performed poorly on the FST's and her PBT result was .19.

Disposition: The BAC, .16, was struck from the face of the warrant. What that means is that my client will not have to serve any jail time and will not have the ignition interlock device installed on her car. The Reckless Driving was reduced to simple speeding (46.2-862). Sometimes, it's more about mitigation than guilt or innocence.

Prevent Summoning Law Enforcement Officer - Prince William County

Prevent Summoning Law Enforcement Officer (18.2-164). Client is currently attempting to seek a federal law enforcement position. In this situation, it was very important that this charge was dismissed. A guilty conviction, especially one with domestic underpinnings, could have disastrous consequences professionally.

Disposition: Dismissed upon the completion of eight hours of couples counseling. Once the case is ultimately dismissed, an expungement can ensue.

Reckless Driving - Fairfax County

Reckess Driving (46.2-862). Client, a Maryland resident, was driving 85/55 on the Dulles Toll Road. Disposition: Reduced to simple speeding 74/55 (46.2-870). Client required to pay $250 fine. No license suspension and/or restrictions.

DUI; Refusal; Reckless Driving (77/55) - Fairfax County

DUI; Refusal and Reckless Driving - Fairfax County.

DUI; Refusal; Reckless Driving by Speed - Fairfax County

DUI (18.2-266); Refusal (18.2-268.3); Reckless Driving by Speed 77/55 on I-66 (46.2-862). Dispositon: DUI reduced to General Reckless Driving (46.2-852). Refusal was nolle prossed by the Commonwealth's Attorney. The Reckless Driving by Speed was reduced to a simple speeding ticket 74/55 (46.2-870). Client has to pay $350 in total fines. Her license was suspended for six (6) months. However, she was granted a restricted license. She has to complete the ASAP class. No jail time.

Reckless Driving - Fairfax County

Reckless Driving (46.2-862). Client was traveling 84/55 on Dulles Toll Road. After having her speedometer calibrated, the car was found to be traveling three (3) miles faster than the speedometer indicated; making her speed 81/55. Disposition: Reduced to simple speeding (46.2-870). Client required to pay $150 fine. No loss of license and/or restricted license.

Reckless Driving - Fairfax County

Reckless Driving (46.2-862). Client was traveling 84/55 on the Dulles Toll Road. Disposition: Reduced to simple speeding 46.2-870. Client required to pay $75 fine plus court costs.

DUI - Prince William County

Driving Under the Influence (18.2-266). After having several drinks, my client drove home and subsequently passed out in her car with the engine running and radio playing. Officers responded to the scene due to a noise complaint when they discovered my client still passed out in the car. After failing four field sobriety tests (FST's), my client was arrested and charged with DUI. Since she was on private property when law enforcement found her, Virginia's implied consent law did not apply, therefore, she was under no obligation to submit to a blood/breath test. However, she was charged with DUI nonetheless based on her performance of the FST's.

Disposition: Reduced to Reckless Driving (46.2-852). Client must complete ASAP and pay $250 in fines and costs. Client also is required to drive on a restricted basis for 6 months. No jail time.

Reckless Driving (46.2-862) - Loudoun County

Reckless Driving (46.2-862). Client stopped by Virginia State Police for driving 75 mph in a 35 mph zone on the Dulles Toll Road.

Disposition: After negotiating with the Trooper and the Assistant Commonwealth's Attorney, the case was reduced to Simple Speeding (46.2-870), 54 mph in a 35 zone. No jail time, no suspended license. Client required to pay $150 fine and court costs.

Reckless Driving (46.2-852) - Prince William County

Reckless Driving (46.2-852). Client involved in a multiple car accident due to an illegal u-turn on Route 15. Disposition: Reduced to Improper Driving (46.2-869). My client was not fined nor did she have her licensed suspended. She was, however, required to pay court costs.

Driving After Forfeiture of License (18.2-272) - Fairfax City

Driving After Forfeiture of License (18.2-272). Reduced to Driving on a Suspended License (46.2-301). Disposition: 30 day loss of license and $200 fine. No jail time.

Of all the Driving Suspended/Revoked statutes, 18.2-272 "272" is probably the most serious because it mandates a loss of license for one year (no restricted license allowed). People who are charged with a 272 violation have had their license suspended/revoked due to being previously found guilty of a DUI, Refusal, or some other alcohol related crime. The 272 violation occurs when, during that year that they are revoked/suspended, they are caught driving or caught driving outside their permissible restrictions.

Possession of Marijuana - Fairfax County

Possession of Marijuana (18.2-250.1). Disposition: 6 month General Continuance. Client must perform 25 hours of community service and have a drug assessment conducted. Case will be dismissed at the conclusion of the 6 month period.

This is more favorable than a traditional "251" disposition (18.2-251) because it allows Clients to have their record expunged at the end of the 6 month period. This is due to the fact that my client, today, never pled guilty or was found guilty of the offense.

A "251" disposition occurs when the Client pleads guilty, or the the court finds the Client guilty of the underlying crime, but chooses to defer the finding so long as the Client has never been found guilty to a drug offense previously.

The general continuance is a much more favorable conclusion in all possession cases.

Reckless Driving, Fairfax County

Reckless Driving 46.2-862 (83 mph in a 55 mph zone on I-495 (pace)) reduced to simple speeding 46.2-870 (74 mph in a 55 mph zone). Defendant required to pay $100 fine.

DUI (.10) Fairfax County

DUI at George Mason University (18.2-266 (.10 BAC)) reduced to Reckless Driving (46.2-852). Defendant is required to pay a $1000 fine, attend ASAP, and drive on a restricted basis for 6 months. No jail time.

DUI Refusal Dismissed

Loudoun County, VA: My client was accused of DUI, having an open container in a vehicle and refusing to take a chemical test. The client was cleared of all charges.

Third Time DUI Charge Reduced

Fairfax, Virginia: Following her arrest for DUI with three prior convictions, my client was facing 180 days in jail. Despite a BAC of .20% and her two prior convictions within the past ten years, I was able to negotiate a reduction to Reckless Driving with a probation disposition for a first time alcohol class and a fine.

http://michaelrobinsonlaw.com/index_files/DUIAttorney.htm

Reckless Driving in a Work Zone, Prince William County

Reckless Driving in a Work Zone, Prince William County: Reduced to speeding 46.2-870, with the completion of driver improvement and court costs.

Driving Outside Restrictions (DUI); Failure to Obey Highway Sign, Fairfax County

Driving Outside Restrictions (DUI); Failure to Obey Highway Sign, Fairfax County: Reduced to $200 fine for Failure to Obey, Driving Outside Restrictions charge dismissed.

Reckless Driving, Prince William County

Prince William County, VA: Reckless Driving Virginia Code 46.2-862. Reduced to Unsafe Lane Change with completion of driver improvement program (Jan 11, 2010).

Domestic Assault and Battery, Prince William County

Domestic Assault and Battery, Prince William County: Dismissed before trial by the Commonwealth Attorney.