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.