1st Offense DUI - Court date done - quick questions reg sentencing

[djay]

State - Virginia

Hello All,

I was pulled over on the 18th of Nov, 2006. The officer arrested me for a first offense DUI. I measured a 0.12. I drove just a mile from a bar to my house and got pulled over right next to my house for doing a 40 on a 25 zone.

My court date was three days back. I had hired a good attorney (paid him $ 4,200). I had completed my ASAP and also the defensive driving course before I went to the court.

Sentencing and such....

My case did not go to trial and the sentence that I recieved was..

a) 1st offense DUI dropped. Reduced to a reckless driving charge.
b) 6 months restricted license
c) 60 days jail time, 52 days served.

Since I was in for a couple of hours on the day of arrest, my attorney told me that, it accounts for 2 days. That leaves behind 6 days. I believe that each day accounts for 2 days served. Hence, I have to do 3 days in jail.

My question:

a) Is there anything I can do now to substitute the jail time to a fine or community service? I have to report to the jail very soon, hence, I'm requesting you to please advise me on this matter asap.
b) How bad is this going to look on the record? I mean, since I have to do the jail time, am I gonna look very bad when someone looks my background info?
c) Will the reckless driving thingy remain on record forever? I know it took away 6 points. But, I had five good points before I went to the court as I had taken the defensive driving course?
d) Is this a good deal? (the sentence that I received?)

Is there anything that I can do to improve my situation now?

Thanking you all in advance for reading this. Looking forward to hearing from you soon.What is the name of your state?

[djay]

Hello,

Can someone please reply to my message? Thanks!

[FlyingRon]

No, you can't change it to community service. The time to make such an arrangement is before or at sentencing. Yes, I believe you'll probably get some credit for time served and some good behavior off. I had a friend who got 60 suspended to 8 days in Loudoun County and was out in 4.

This is forever. At least reckless looks a little bit better than DUI.

If you were only +5 after you took the drivers course, you obvious had a not too good traffic record before. Judges look at the points BEFORE you start trying to suck up once you were caught.

How good of a deal this is depends on what county you were in. In Fairfax, I would say what you got was typical. If it was somewhere else, next time get a good lawyer, not necessarily your friend.

[djay]

Originally Posted by FlyingRon

No, you can't change it to community service. The time to make such an arrangement is before or at sentencing. Yes, I believe you'll probably get some credit for time served and some good behavior off. I had a friend who got 60 suspended to 8 days in Loudoun County and was out in 4.

This is forever. At least reckless looks a little bit better than DUI.

If you were only +5 after you took the drivers course, you obvious had a not too good traffic record before. Judges look at the points BEFORE you start trying to suck up once you were caught.

How good of a deal this is depends on what county you were in. In Fairfax, I would say what you got was typical. If it was somewhere else, next time get a good lawyer, not necessarily your friend.

I said that I had FIVE good points cuz of the driving course that I took. I checked my dmv record a month before I got pulled over and it was all clean!!

[djay]

BMF,

Can you please give me your feedback?

Thank you!

[FlyingRon]

Originally Posted by djay

I said that I had FIVE good points cuz of the driving course that I took. I checked my dmv record a month before I got pulled over and it was all clean!!

Right and my point is what your points were before you took that course? That is what the judges here care about. For every year you don't have a ticket you get a positive point which can run your score up to +5. If you had a zero point score before, you'd have a +5 after. If you had a +5 before, then the driver school did nothing for you as far as the DMV is concerned.

[FlyingRon]

By the way, I was wrong. Reckless and DUI both drop off the driver record after 11 years.

[djay]

Thanks for the response! I am going to be a million times more careful man. Never ever wanna go through this crap again...
I consulted many people. They all say that I really got a very good deal. So, I guess I'm alright. I'm just asking all the people I know to be watchful and never to get into the driver's seat after drinking!

Do you know if I can drive for like 5 minutes in my lunch hour on a restricted license? I can drive 1 hour in the morning (8.00 am through 8.30 am) and 1 hour in the evening. By mistake, I entered 8.00 pm to 8.30 pm. I normally leave work at around 5.30 to 6.30 pm. Do you know how I can make this change?

Once the 6 months are through, I am gonna approach DMV and see if I can take up any programs to get my ratings up again.

Thanks again for your advice.

[FlyingRon]

Originally Posted by djay

Do you know if I can drive for like 5 minutes in my lunch hour on a restricted license? I can drive 1 hour in the morning (8.00 am through 8.30 am) and 1 hour in the evening. By mistake, I entered 8.00 pm to 8.30 pm. I normally leave work at around 5.30 to 6.30 pm. Do you know how I can make this change?
.

It depends on the judge. If he didn't say you could, DON'T. I don't know how your restriction is set up, but normally here in Fairfax the judge requires you to have a copy of your work schedule with you. If yours was set for a SPECIFIC time, then you need to amend that with the judge. The judge will approve you typically for going to and from work, driving for work, going to ASAP or the doctor. Don't think you can do errands in your car other than this....you're suspended. You're been given a specific leniency for work. Don't abuse it.

If you are caught violating the terms of your restricted, the judge can consider it a violation of the probation and reopen the possiblity of you serving the suspended portion of your fines and jail sentences.

[djay]

Originally Posted by FlyingRon

It depends on the judge. If he didn't say you could, DON'T. I don't know how your restriction is set up, but normally here in Fairfax the judge requires you to have a copy of your work schedule with you. If yours was set for a SPECIFIC time, then you need to amend that with the judge. The judge will approve you typically for going to and from work, driving for work, going to ASAP or the doctor. Don't think you can do errands in your car other than this....you're suspended. You're been given a specific leniency for work. Don't abuse it.

If you are caught violating the terms of your restricted, the judge can consider it a violation of the probation and reopen the possiblity of you serving the suspended portion of your fines and jail sentences.

Thanks. How do I go about requesting the judge for changing the time?

[FlyingRon]

Originally Posted by djay

Thanks. How do I go about requesting the judge for changing the time?

Call up on the court and asked to be put on the docket. Then follow SeniorJudge's recommendations for good courtroom behavior.

[lizjimbo]

Virginia and many other state are taking a very hard line on DUI. A third offense in Virginia is treated as a felony. Let me tell you I know people that said they would never drink and drive again. They got caught again. People, even when they don't think they are really that intoxicated, are overcome with an urge to do things they shouldn't. If you ever find yourself telling yourself that you feel okay to drive after drinking, after all your not really going very far, immediately throw the keys in the toilet and flush. Do that without thinking about it. It only gets worse.

[djay]

Originally Posted by lizjimbo

Virginia and many other state are taking a very hard line on DUI. A third offense in Virginia is treated as a felony. Let me tell you I know people that said they would never drink and drive again. They got caught again. People, even when they don't think they are really that intoxicated, are overcome with an urge to do things they shouldn't. If you ever find yourself telling yourself that you feel okay to drive after drinking, after all your not really going very far, immediately throw the keys in the toilet and flush. Do that without thinking about it. It only gets worse.

Thanks bro. I am just lucky that I got my first offense dropped. I aint getting into my car even after having single beer! Heck, I'll just take a cab to the club and back! Thanks again.

Thanks FR for your response. I will call the court early next week as soon as I serve this crappy time. Damn, I am not looking forward to this one..

[djay]

[url]www.youtube.com/watch?v=C7_ltiWGavw[/url]

Thanks!