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Misdemeanor Possession Charge (Falls Church, Virginia)

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mc43342

Junior Member
Was recently charged with Possession of Marijuana (3.5 grams, most of which two friends and I were smoking while driving, stupid, I know). I am 19 years old and have nothing on my record. Since we were cooperative, the officer seemed to go easy on us, including at one point saying that he could have given me a DUI, but wouldn't want me to get my license suspended. From what I have looked up online though, any misdemeanor possession charge in Virginia carries an automatic 6 month license suspension that goes along with the ASAP classes. I briefly talked to an attorney who said he could get me a restricted license (so I can drive to college) and could possibly get me out of the ASAP classes. First of all, is the license suspension automatic? Second, could I still get a restricted license if I do not hire an attorney myself, and is there any chance of getting out of the ASAP classes without hiring an attorney? Basically I just want to know if it is worth it to hire someone, as I do not want to have my license suspended fully. Thanks in advance to anyone responding.
 


You could theoretically handle this whole situation on your own, but I wouldn't recommend it. Possession of marijuana while driving is a pretty serious misdemeanor and it's much more effective and easier to let an experienced lawyer plea bargain you out of it.

You definitely won't be able to get out of the ASAP classes. In terms of automatic license suspensions, this really depends on whether or not you were charged with some sort of DUI offense, whether it be for drugs or alcohol. Typically though, if you were, a suspension would be automatic. A petition for a restricted license isn't hard to get, the only thing that you would need to attorney for is to better your chances at getting a good plea deal. In my experience, courts and prosecutors prefer to deal with attorneys over the defendants themselves.
 

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