1st Offense DWI in VA

[bendeng]

Hello,

I was wondering if anyone had any advice for me, I left court today after my public defender recommended I enter a plea of No Contest to my 1st Offense DWI, I was sentenced 90 days suspended jail time and 1 year suspended license. So as of today I have 10 days to appeal, and my public defender recommends that I do, but I would like a little advice as to how to proceed with my defense from here (maybe some things my public defender may have overlooked?)

Night of the offense:

I had just dropped off some friends to their vehicle and proceeded to follow them home, we all live an hour away from most of civilization. They had been drinking heavily so I wanted to ensure they make it home safely and they insisted on not leaving their car in town. I was pulled over on a long stretch off of Rt. 29, the officer claimed I was following too closely. When I rolled my window down, he asked if I had been drinking because there was a strong odor of alcohol. I explained I had just dropped my two intoxicated friends off at their vehicle and was following behind them to ensure they get home safe. He asked me to take a breathalyzer, being cooperative and naive I agreed and blew a 0.09. He then asked me to perform a few FST, to which he said I only passed 2/4. When I began the tests, my vehicle overheated and my radiator exploded. I was distracted and unfocused, because a) my vehicle just disappeared in a cloud of smoke from the engine, and b) my friends continued to drive off and I was concerned of them driving heavily impaired. He arrested me and took me in to take another breathalyzer at the jail, where I blew a 0.08.

Any advice would be appreciated. My public defender suggests that with the appeal we may be able to subpoena someone to determine the accuracy of the test. Maybe I was wrongfully pulled over? The officer claimed I was only a single car length behind the other vehicle but I disagree.

Thank you all, hopefully I can get a few words of advice to help my defense. I've already lost my job over this. Just looking for the light at the end of the tunnel.

 

[Zigner]

Hello,

I was wondering if anyone had any advice for me, I left court today after my public defender recommended I enter a plea of No Contest to my 1st Offense DWI, I was sentenced 90 days suspended jail time and 1 year suspended license. So as of today I have 10 days to appeal, and my public defender recommends that I do, but I would like a little advice as to how to proceed with my defense from here (maybe some things my public defender may have overlooked?)

Night of the offense:

I had just dropped off some friends to their vehicle and proceeded to follow them home, we all live an hour away from most of civilization. They had been drinking heavily so I wanted to ensure they make it home safely and they insisted on not leaving their car in town. I was pulled over on a long stretch off of Rt. 29, the officer claimed I was following too closely. When I rolled my window down, he asked if I had been drinking because there was a strong odor of alcohol. I explained I had just dropped my two intoxicated friends off at their vehicle and was following behind them to ensure they get home safe. He asked me to take a breathalyzer, being cooperative and naive I agreed and blew a 0.09. He then asked me to perform a few FST, to which he said I only passed 2/4. When I began the tests, my vehicle overheated and my radiator exploded. I was distracted and unfocused, because a) my vehicle just disappeared in a cloud of smoke from the engine, and b) my friends continued to drive off and I was concerned of them driving heavily impaired. He arrested me and took me in to take another breathalyzer at the jail, where I blew a 0.08.

Any advice would be appreciated. My public defender suggests that with the appeal we may be able to subpoena someone to determine the accuracy of the test. Maybe I was wrongfully pulled over? The officer claimed I was only a single car length behind the other vehicle but I disagree.

Thank you all, hopefully I can get a few words of advice to help my defense. I've already lost my job over this. Just looking for the light at the end of the tunnel.

What basis does your PD feel there is for an appeal?

 

[Ohiogal]

Hello,

I was wondering if anyone had any advice for me, I left court today after my public defender recommended I enter a plea of No Contest to my 1st Offense DWI, I was sentenced 90 days suspended jail time and 1 year suspended license. So as of today I have 10 days to appeal, and my public defender recommends that I do, but I would like a little advice as to how to proceed with my defense from here (maybe some things my public defender may have overlooked?)

Night of the offense:

I had just dropped off some friends to their vehicle and proceeded to follow them home, we all live an hour away from most of civilization. They had been drinking heavily so I wanted to ensure they make it home safely and they insisted on not leaving their car in town. I was pulled over on a long stretch off of Rt. 29, the officer claimed I was following too closely. When I rolled my window down, he asked if I had been drinking because there was a strong odor of alcohol. I explained I had just dropped my two intoxicated friends off at their vehicle and was following behind them to ensure they get home safe. He asked me to take a breathalyzer, being cooperative and naive I agreed and blew a 0.09. He then asked me to perform a few FST, to which he said I only passed 2/4. When I began the tests, my vehicle overheated and my radiator exploded. I was distracted and unfocused, because a) my vehicle just disappeared in a cloud of smoke from the engine, and b) my friends continued to drive off and I was concerned of them driving heavily impaired. He arrested me and took me in to take another breathalyzer at the jail, where I blew a 0.08.

Any advice would be appreciated. My public defender suggests that with the appeal we may be able to subpoena someone to determine the accuracy of the test. Maybe I was wrongfully pulled over? The officer claimed I was only a single car length behind the other vehicle but I disagree.

Thank you all, hopefully I can get a few words of advice to help my defense. I've already lost my job over this. Just looking for the light at the end of the tunnel.

The time to argue being wrongfully pulled over is at trial. The time to subpoena an expert is at trial. You already pleaded no contest which means you admitted to the allegations. What mistake of law was there? Your ignorance doesn't count.

 

[bendeng]

The time to argue being wrongfully pulled over is at trial. The time to subpoena an expert is at trial. You already pleaded no contest which means you admitted to the allegations. What mistake of law was there? Your ignorance doesn't count.

I only pleaded No Contest because my PD thinks we have a good chance to win at an Appeal. So my question is given the statement I wrote, is there any advice anyone may share with me that I can use at my appeal?

I am not claiming ignorance, I am perfectly fine with the sentencing I received but my PD suggests there may be a chance to either get it reduced to maybe have the entire case dismissed. I am just checking in with the internet to see what further advice is available, no need for sour attitudes Ohiogal.

 

[bendeng]

What basis does your PD feel there is for an appeal?

We didn't speak about it much yet, I was only told to make my decision quickly if I want to appeal, because there is a chance since I was tested at exactly 0.08BAC, the case could be found inaccurate. My question is, does anyone agree or will I be wasting time with the court and myself? Are there any points I may have missed that could help in my defense?

 

[Zigner]

We didn't speak about it much yet, I was only told to make my decision quickly if I want to appeal, because there is a chance since I was tested at exactly 0.08BAC, the case could be found inaccurate. My question is, does anyone agree or will I be wasting time with the court and myself? Are there any points I may have missed that could help in my defense?

I think you need to have a long sit-down conversation with your attorney. What you are claiming he is telling you just doesn't make sense.

 

[bendeng]

I think you need to have a long sit-down conversation with your attorney. What you are claiming he is telling you just doesn't make sense.

Thanks, I will do so.

 

[dave33]

I think you need to have a long sit-down conversation with your attorney. What you are claiming he is telling you just doesn't make sense.

I agree. The o.p. got things confused, or bamboozled into pleading guilty to end the case.

 

[Stressed About]

Hope you have good luck and will not have to lose your license for a year like I did not have to, due to finding a good lawyer.

 

[FlyingRon]

In Virginia your first DUI trial is usually in General District Court. GDC's are not courts of record. Your appeal is to have your case heard de novo in Circuit court. I do not believe that pleading guilty/nolo will keep you from being able to appeal if you file it timely. But district court isn't the party that GDC was. You'll need a competent attorney.

 

[HighwayMan]

But district court isn't the party that GDC was. You'll need a competent attorney.

Circuit court?

 

[FlyingRon]

Circuit court?

Yes, that should read the circuit court isn't the party the general district court was.