by Faraji Rosenthall | Mar 23, 2015 | Uncategorized
What to Expect In DWI Court If you’ve been recently arrested for driving while intoxicated in Fairfax County, there are a number of steps that will be taken leading up to the conclusion of your case. Expect the following if you are convicted, obviously if you are found not guilty none of this punishments occur: License Suspension – there will be an automatic license suspension for a period of one week if you were arrested for DUI, and your blood alcohol count measured more than 0.08%. A lawyer can be consulted following an arrest to learn how to avoid license suspension, if at all possible. Jail Time – drivers are usually allowed to post bail for release. However, if you’re unable to do so, then an arraignment will be held on the following business day. There, you will be guided on what date to appear in court. If you’ve posted bail, this arraignment is held one week following your release. Trial – ensure that you meet your court appearance, and follow the proper protocols for dressing for court. In Virginia’sdistrict courts, including in Fairfax County, the judge will have the final say at the end of the case. Sentencing – following the trial, you will hear the penalties about the DWI case. The top penalties for DWI in Virginia include fines and license suspension. A lawyer can furthermore intercept to request reinstatement of a restricted license, so that you’re able to continue with work and life. Leading up to the trial, additional processes may take place, and these include: An Investigation – if you hire an attorney, he or...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
What to do if you live out of state and received a reckless driving ticket in Fairfax County If you have been stopped by the police and issued a ticket for reckless driving, you were probably surprised when the officer told you that you would have to come to court. If you live out of the state, this probably made you very nervous, because a return to the state would be inconvenient and possibly expensive. Unfortunately, the nature of the charge requires you to appear in court. This is because it is technically a class 1 misdemeanor and jail time is a possibility. Obviously, the vast majority of reckless driving tickets do not result in jail time. That only happens for people who were going well above the speed limit and were going over 90 miles an hour. However, until your case is resolved in the courtroom there is no way for the judge to waive the requirement that you appear in court. Fortunately, Fairfax has recognized that this requirement places an undue burden on a number of people who may have just gotten the ticket while they were passing through the state. The court has no interest in making individuals who would not be facing jail time suffer the expense of returning. To that extent the court has established a policy that allows drivers who do not want to come to have a lawyer take their place at the hearing. It is a relatively simple procedure and happens several times a day. If you want to hire a lawyer to take your place, you will first need to...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI, Uncategorized
WHAT SHOULD I EXPECT FROM MY FIRST OFFENSE DWI? WHAT WILL HAPPEN WHEN WE GO TO COURT? The process for handling DWIs in Fairfax County is different than most people expect. The biggest surprise is the sheer number of cases that go through the system. Fairfax County Police arrest more than 2500 drivers for drunk driving in a year. That means that there may be upwards of 50 DWI cases in court on any given day. With that sort of volume, the Prosecutor’s office simply isn’t able to review many cases before court. Unless your case involves a blood test or some other unique circumstance it is likely that nobody from that office will know anything about your case before court. Instead the way the system works is that the Prosecutor talks to your officer and all the other officers about your case, the day of court. They meet in a little room right outside the courtroom and discuss all of the cases in the room that day. Then at about 1015 or 1030, the Prosecutor will begin discussing cases with lawyers. During this session, your lawyer will receive what is called discovery. This process involves the Prosecutor telling the attorney what evidence and facts the government will use to try to convince the judge that the driver is guilty of the crime they are charged with. During this meeting your lawyer will also tell the Prosecutor about any facts that would help their client’s case. After that discussion, the two lawyers negotiate a plea agreement. A plea agreement states that if the client agrees to plead guilty the...
by Faraji Rosenthall | Mar 23, 2015 | Fairfax DUI / DWI
What Kind of Sentence to Expect For Your First DWI Jail Time In Virginia, a DWI conviction is a Class 1 misdemeanor (the most serious type). One possible penalty is jail time. If the defendant’s BAC is below a .15, Virginia law does not require the defendant to serve any jail time and the court will probably not give the defendant a custodial sentence. However, this is no guarantee; if the court finds the defendant’s conduct was especially egregious even if the defendant’s BAC is below a .15, the court may impose a jail sentence. If the defendant’s BAC is between a .15 and .20, Virginia requires that the defendant serve a minimum of five days in jail. The usual 50% reduction for good time served does not apply to this sentence so the defendant must serve the full five days. If the BAC is above a .20, the sentence increases to a minimum of 10 days. Driver’s License Suspension Jail time is not the only penalty for a first-time DWI conviction. When a defendant is arrested for a DWI, his driver’s license is administratively suspended for seven days. Upon conviction of a DWI, the defendant’s driver’s license will be suspended for 1 year. Many first-time DWI offenders request (and are granted) a “restricted license.” This license allows the defendant to drive back and forth to work, to school, medical facilities, court-ordered programs for alcohol counseling, and a few other exceptions. The court will order the defendant to enroll in an alcohol counseling course through the Virginia Alcohol Safety Action Program as a condition of carrying a...
by Faraji Rosenthall | Mar 23, 2015 | Uncategorized
What Kind of Sentence to Expect For Your Second or Third DWI Second Offense After a defendant’s first DWI offense, the severity of the sentence for any subsequent DWI increases exponentially. He will receive an administrative license suspension for 60 days and then a license suspension for three years. He will be forced to pay a minimum of $500 in fines and then additionally any court-ordered restitution. If the second DWI conviction comes within 5 to 10 years of the first offense, the defendant will be sentenced to a mandatory minimum of 10 days in jail. If the second DWI conviction comes within fewer than 5 years of the first DWI conviction, then he will serve a mandatory one-month to one year in jail. He will be ordered to install an ignition interlock device on his vehicle. This conviction will appear on the defendant’s criminal record. There are also potential increases in required jail time for exceptionally high BACs. Third Offense A conviction for a third DWI carries a mandatory $1,000 fine, mandatory indefinite driver’s license revocation, and prosecution as a Class 6 felony. The classification as a felony means the defendant’s vehicle is subject to seizure and forfeiture. If this is the defendant’s third DWI offense within 5 years of his prior convictions, he will be sentenced to a mandatory 6 months in jail. If it is within 10 years of his last DWI offense, he will serve a mandatory minimum 90 days in jail. He will be also be ordered to install an iginition interlock device on his car. This conviction will appear on the...
