DRIVING ON SUSPENDED LICENSE - FAIRFAX

Charge:

Driving on Suspended License - Va. Code 46.2-301

Disposition:

Reduced to No Operators License - Va. Code 46.2-300. $50.00 fine.

DRIVING UNDER INFLUENCE 2ND W/IN 10 YEARS (.22) - SPOTSYLVANIA COUNTY

Charge:

Driving Under Influence of Alcohol 2nd w/in 10 years (.22) - Va. Code 18.2-266/18.2-270

Disposition:

Case reduced from 2nd offense to 1st offense. Client was looking at a mandatory minimum term of incarceration of 20 days. Client received a 12 days jail sentence. Additionally, Client was allowed to report later in the month and serve the time on weekends instead of a straight term of incarceration so as to not interfere with work and school schedule.

DUI (.17) - FAIRFAX COUNTY (GEORGE MASON UNIVERSITY POLICE)

Charge:
Driving Under the Influence of Alcohol (.17) - Va. Code 18.2-266/18.2-270

Facts:
Client struck curb and was driving down the road with a flat tire. A traffic stop was then conducted by a Geroge Mason University police officer. Client allegedly failed three Field Sobriety Tests (FSTs) and blew a .17 on the Preliminary Breath Test.

Disposition:
Prosecutor struck reference to Client's Blood Alcohol Content (BAC) of .17. Therefore, Client avoided the mandatory minimum 5 days in jail, and the installation of the ignition interlock device.

DUI (DRUGS) - LOUDOUN COUNTY

Charge:

Driving Under Influence of Prescription Drugs -Va. Code 18.2-266

Facts:

Client involved in one car accident where he drove off of road into ditch. Law enforcement responded to the scene to find Client disoriented. A series of Field Sobriety Tests (FST) were conducted. According to the officer who responded, Client failed the FSTs. Preliminary Breath Test result was 0.00. Client was taken to hospital where blood was taken and submitted to the Department of Forensic Science (DFS) for analysis. Results were positive for Alprazolam and Diazepam. A toxicologist opined that the levels of the two drugs in Client's system were higher than what is commonly considered therapeutic.

Results:

Reduced to Reckless Driving - Va. Code 46.2-852. No ASAP, no jail time, no loss of license.

POSSESSION OF MARIJUANA - FAIRFAX COUNTY

Charge:

Possession of Marijuana - Va. Code 18.2-250.1

Facts:

Client pulled over due to his windows being too tinted. Officer smelt marijuana coming from Client's car. Officer asked Client about the smell and Client told officer that he did, in fact, possess marijuana.

Disposition:

Reduced to Possession of Paraphernalia - Va. Code 54.1-3466. No jail time and a $200 fine.

Note:

This disposition spared Client a 6-month loss of license.

Problems with this case:

1) It was a very strong case for the prosecutor. 2) Client had been charged with this crime twice previously. Once, the prosecutor dropped the charge (nolle pros), the other time Client was found guilty but was able to enter into a disposition pursuant to 18.2-251 ("251"). So, in this case, Client could not receive the 251 disposition again.

RECKLESS DRIVING (89/55) - FAIRFAX COUNTY

Charge:

Reckless Driving by Speed (89/55) - Va. Code 46.2-862

Disposition:

Reduced to simple speeding, an infraction not a misdemeanor, Va. Code 46.2-870.

IGNITION INTERLOCK VIOLATION - FAIRFAX COUNTY

Charge:

Violation of ASAP due to Ignition Interlock violation - Va. Code 18.2-271.1

Facts:

Client tried to start her automobile on New Years Eve with a Blood Alcohol Level of .139.

Disposition:

No jail. $200 fine. Client's probation was extended by the court for 6-months. Client must remain in classes recommended by ASAP.