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DUI in VA

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mossra

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

I received my first DUI in the wee hours of Monday morning 1/14/13. I have no other spots on my records (never even a speeding ticket). I wrecked my car in such a way that it is un-driveable. It was towed to a lot and I was arrested and spent the night in jail. My BAC was .19. My first court date is 1/25/13.

Upon arrest, my license was suspended for 7 days. When I receive it back or pick it up again, will it then be restricted? Or will I have to wait until my court date to receive it?

Also, my car is trapped in the tow lot racking up tons of storage fees. As the car is registered in my father's name, I was told that he needed to give permission for it to be released. He called them and did so. They then called me back saying that no, in fact they could not release it unless he appeared IN PERSON and showed his ID to them. Well, his is next to impossible as my mother was recently diagnosed with stage 4 lung cancer and had a procedure done today even. SURELY there is a way I can have my car released without my father needing to leave the bedside of my dying mother to travel and show them his ID in person?

That being said, I don't know much about restricted licenses in VA other than what I've already googled online. Will I be able to have my restriction include traveling to see my mother/help them as she undergoes this medical crisis?

Anyway, any ideas, tips, suggestion, advice is welcome. Thank you.

PS I am not very familiar with this site so please forgive me if I've done something wrong.
 


Antigone*

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

I received my first DUI in the wee hours of Monday morning 1/14/13. I have no other spots on my records (never even a speeding ticket). I wrecked my car in such a way that it is un-driveable. It was towed to a lot and I was arrested and spent the night in jail. My BAC was .19. My first court date is 1/25/13.

Upon arrest, my license was suspended for 7 days. When I receive it back or pick it up again, will it then be restricted? Or will I have to wait until my court date to receive it?

Also, my car is trapped in the tow lot racking up tons of storage fees. As the car is registered in my father's name, I was told that he needed to give permission for it to be released. He called them and did so. They then called me back saying that no, in fact they could not release it unless he appeared IN PERSON and showed his ID to them. Well, his is next to impossible as my mother was recently diagnosed with stage 4 lung cancer and had a procedure done today even. SURELY there is a way I can have my car released without my father needing to leave the bedside of my dying mother to travel and show them his ID in person?

That being said, I don't know much about restricted licenses in VA other than what I've already googled online. Will I be able to have my restriction include traveling to see my mother/help them as she undergoes this medical crisis?

Anyway, any ideas, tips, suggestion, advice is welcome. Thank you.

PS I am not very familiar with this site so please forgive me if I've done something wrong.

I am sorry to hear about your mother's illness but unfortunately your father is the vehicle's owner and they will only release it to him. Sad to see how the consequences of your actions affect the rest of your family.

A restricted license will allow you to drive to work and alchohol treatment, you will not be allowed to drive for any other reason, not even your mom's illness - again consequences of your actions.
 
Your dad, as the registered owner, will have to show up to get the car. Alternatively, calculate the market value of the car+Dad's travel+storage fees, and consider giving up the car.

You will get your license back until the court and/or DMV suspends it for some months. Unless the police stopped you for no clear reason (unlikely) or there were other procedural mistakes (unlikely), your BAC of 0.19 pretty much guarantees a DUI plea deal. If you can afford a few thousand dollars or more, you can toss a Hail Mary and engage a DUI lawyer.
 

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