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

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

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.

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.

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.

DUI; DWI (.13) & STOPPING IN ROADWAY - FEDERAL COURT

DUI; DWI (.13) AND STOPPING IN ROADWAY - FEDERAL DISTRICT COURT, EASTERN DISTRICT OF VIRGINIA

DISPOSITION: NEGOTIATED PLEA AGREEMENT WHEREBY CLIENT PLED GUILTY TO DUI, IN RETURN FOR THE DWI AND THE STOPPING IN ROADWAY CHARGE BEING DISMISSED.

CREDIT CARD THEFT; FRAUD; FORGERY - FAIRFAX J&DR

Facts:

Omitted intentionally.

Disposition:

Two of the three charges were dismissed pursuant to a plea agreement. Client pled guilty to credit card fraud. Client was placed on probation for 12 months. If Client successfully completes his probation without any further incidents, he is free to petition the court to dismiss his charge.

RECKLESS DRIVING BY SPEED - FAIRFAX COUNTY

RECKLESS DRIVING (81MPH/55MPH) - VA. CODE 46.2-862

DISPOSITION: REDUCED TO IMPROPER DRIVING. $75.00 FINE.

NOTE: RECKLESS DRIVING IS A CLASS 1 MISDEMEANOR. IT ALSO CARRIES WITH IT 6 DEMERIT POINTS WHICH WILL STAY ON YOUR DRIVING RECORD FOR 11 YEARS.
IMPROPER DRIVING IS A 3 DEMERIT POINT VIOLATION WHICH WILL STAY ON YOUR RECORD FOR 3 YEARS.

CONTRIBUTING TO DELINQUENCY OF A MINOR - FAIRFAX COUNTY

CONTRIBUTING TO DELINQUENCY OF MINOR - 18.2-371

DISPOSITION: AFTER COMPLETING A 10 HOUR PARENTING CLASS, THE CASE WAS NOLLE PROSSED BY THE COMMONWEALTH'S ATTORNEY WHICH ENABLES CLIENT TO HAVE THIS CHARGE EXPUNGED FROM HER RECORD.

CONTRIBUTING TO THE DELINQUENCY OF MINOR - FAIRFAX COUNTY

CONTRIBUTING TO THE DELINQUENCY OF A MINOR - 18.2-371

DISPOSITION: AFTER COMPLETING A 10-HOUR PARENTING CLASS, THE CHARGE WAS DISMISSED (NOLLE PROSSED) BY THE COMMONWEALTH'S ATTORNEY. A NOLLE PROS ALLOWS CLIENT TO PETITION THE CIRCUIT COURT FOR AN EXPUNGEMENT OF THE CHARGE FROM HER CRIMINAL RECORD.

FAILURE TO YIELD RIGHT OF WAY (ACCIDENT) - TOWN OF HERNDON

FAIL TO YIELD RIGHT OF WAY RESULTING IN ACCIDENT - 46.2-820.

DISPOSITION: REDUCED TO FAILURE TO PAY FULL TIME AND ATTENTION. $100 FINE.

NOTE: FAILURE TO YIELD RIGHT OF WAY IS A 4 DEMERIT POINT VIOLATION WHICH STAYS ON YOUR DRIVING RECORD FOR 3 YEARS. FAILURE TO PAY FULL TIME AND ATTENTION IS A (ZERO) DEMERIT POINT VIOLATION.

POSSESSION OF MARIJUANA - WINCHESTER

POSSESSION OF MARIJUANA (18.2-250.1).

DISPOSITION: NOLLE PROSSED.

DRUNK IN PUBLIC - FAIRFAX COUNTY

CHARGE: DRUNK IN PUBLIC - FAIRFAX COUNTY CODE 5-1-1

DISPOSITION: THE CHARGE WAS NOLLE PROSSED BY THE COMMONWEALTH'S ATTORNEY AFTER COMPLETION OF 20 HOURS OF COMMUNITY SERVICE. SINCE THE CASE WAS NOLLE PROSSED, IT ENABLES CLIENT TO HAVE THIS CHARGE EXPUNGED FROM THEIR CRIMINAL RECORD PURSUANT TO VA CODE 19.2-392.2.D

DUI 2ND WITHIN 5-10; REFUSAL 2ND - FAUQUIER COUNTY

DUI 2nd w/in 5-10 years (18.2-266) and Refusal 2nd (18.2-268.3).

Facts of the Case:
After having a few drinks, Client and a friend went out to Client's car to listen to his new car stereo. When law enforcement saw Client and his friend sitting in the car with its parking lights on, and exhaust coming from the car, they approached to investigate. After smelling a "strong" odor of alcohol, observing Client with bloodshot eyes and slurred speech, Client was asked to perform a series of Field Sobriety Tests (FSTs). Client refused all FSTs, the Preliminary Breath Test (PBT) and the Intoxilyzer (EC/IR 2).

Disposition:
The DUI 2nd w/in 5-10 was reduced to a DUI 1st offense. The Refusal 2nd was nolle prossed (dismissed) by the Commonwealth's Attorney. No jail time.

NOTE: It's important to remember that one can be charged with a DUI simply by "operating" an automobile - such as in the case above. You do not need to be driving. Simply engaging the electrical or mechanical instruments of the car, despite the fact that the automobile is never put into motion, is enough to trigger a potential DUI arrest.