Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-31-2009, 01:34 PM
Junior Member
 
Join Date: May 2009
Posts: 3

2 nd dui milltary jail time


What is the name of your state (only U.S. law)?

I just received my 2nd dui in virginia i am in the navy and pretty sure i wont be for much longer. I am wondering what the punishmnet on the dcivilian side will be. I understand there is mando jail time is there any way to bypass it community service or serve it on weekends.
Is there any way to beat it ?
I was stopped at a checdkpoint and blew over then i blew about 15 times at the jail before getting a .12
Is this beatable
any advice would be appreciated
  #2  
Old 05-31-2009, 02:46 PM
Junior Member
 
Join Date: May 2009
Posts: 14
How long between the 1st and 2nd? Were you still on probation from the first? Judgment is SO variable, not just state to state, but even judge to judge. Some take many factors into consideration, some have stock sentences. Personally, I got 30 days, which from what I have heard, is about the longest you can expect.
  #3  
Old 05-31-2009, 04:00 PM
Junior Member
 
Join Date: May 2009
Posts: 3
its been about 2 and half since my first and i want to beat this one. First one i was messed up this one i felt like i got screwed but that dont matter in the military i would like to have the civilian side dismissed
has anyone here had theres dismissed or heard of it happening and for what
  #4  
Old 05-31-2009, 05:06 PM
Member
 
Join Date: Jan 2009
Posts: 699
Quote:
Originally Posted by jasonslpt View Post
its been about 2 and half since my first and i want to beat this one. First one i was messed up this one i felt like i got screwed but that dont matter in the military i would like to have the civilian side dismissed
has anyone here had theres dismissed or heard of it happening and for what
If you came to this site looking for a loophole, you were mistaken. You need to hire a lawyer and be prepared to accept your lumps. For a second conviction within 5 years, there is a mandatory 20-day jail sentence. You are not likely to find much mercy or compassion from the court in this case. In Virginia DUI is a Class 1 misdemeanor. All persons convicted of subsequent DUI charges are, by law, required to lose their driving privileges for three years. The Judge no longer has discretion over this punishment. However, he may order restricted driving privileges that would allow one to drive to and from work. All persons convicted of DUI must enter the Virginia Alcohol Safety Action Program (VASAP), a drunk driving program. This program costs $300. Of course, since every Judge is different, the punishments can vary dramatically.
  #5  
Old 05-31-2009, 10:22 PM
Senior Member
 
Join Date: Feb 2007
Posts: 8,252
And around here, you won't get the restricted until after VASAP and restricted MEANS restricted. None of this "I was on my way to work" nonsense. You will be only authorized for your particular work schedule which you must carry with you.

20 days really means 10 probably. However, around here (NoVa) you won't get weekends. The judges hate those.
__________________
I'm not a lawyer, but I did stay in a Holiday Inn Express last night.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.