4th DUI in Virginia.. questions?
Posted by adminSep 2
My dad got 3 dui’s years ago. He was a habitual offender. More than 10 years have passed. He got his 4th DUI about a week ago.
He seems to think that the court is going to charge him with a first offense. I think they are going to charge him like it’s his 4th DUI.
What will likely happen? Also, he wants to get a court-appointed lawyer. He thinks, instead of paying a lawyer, he will use that money to pay for VASAP and court fees. I think he should get a lawyer, it might reduce what he owes.
What is the best course of action?
Also, how much jail time is he looking at?
Anyone other than the first poster have a real reply?
For one, I agree that my dad is needs to be punished. He is a perpetual disappointment.
Second, how am I enabling him? Can you read?
My question is, in the state of VA, will he be charged as a first offense, or 4th?
Simple, no telling me how stupid my dad is, the world knows that already.
6 comments
Comment by raprunr on 09/02/2010 at 9:51 pm
Some states go farther back than others. He better get a lawyer and find out.
Comment by dee on 09/02/2010 at 10:51 pm
Hopefully at least five years, that will give him time to think of how stupid he has been. Four DUI’s in any number of years is way too many. Let him sit and stew in his own soup, he made it, now let him stew in it.
Comment by Lesley S on 09/02/2010 at 11:06 pm
His best course of action is to stop drinking. Your best course of action is to stop enabling him. Before he kills somebody which might just happen next time. And yes, there will be a next time.
I know you probably do not want to hear this but I hope they throw his butt in jail for quite some time. Things like this really piss me off. I drive on the roads with my children who I happen to rather like keeping safe. Drunks such as this don’t help well meaning citizens to do this.
Let your father fall. It will be the best thing for both of you. It will also be the best thing for your community to get him off the roads.
Comment by What Happened? on 09/02/2010 at 11:09 pm
Virginia, I think makes the fourth a felony. The public defender will be able to accept the case if he qualifies. Some jurisdictions in VA don’t do traffic, but with the elevated charge, he will be eligible for PD.
Sorry about the hassle, you seem to be handling it well. Drinking is genetic so maybe it missed you??? congrats.
If the PD gets involved the outcome will probably be identical to the result he would get from a private attorney because they will know all of the deals that will work.
One thing that may help him in court. I would tell him it was suggested that he start going to an AA meeting every chance he gests. 90 meetings in 90 days is always recommended, but without a court order, if will hit 3-4 per week I think it may help to keep the Commonwealth from amending the warrant to a greater charge.
As a last ditch effort, there are always the facts of the case to be argued.
Best wishes and take care
Comment by Richard H on 09/02/2010 at 11:40 pm
Ask an attorney familiar with Virginia laws. They can answer much better than anybody here could.
Comment by slap on 09/02/2010 at 11:56 pm
ok mike sorry about that chick that’s crap man my dad is still dealing with it. not shore about va but ny is hard on dui and he lost his license and paid a BIG fine and was on prob for 5 years piss test and all. as far as the other comments this site is not here to make people feel like crap its to help if you are a pessimist than take is some were ells. o and mike i hope u and your dad the best and i wish i could have helped more but i don’t now va law what so ever.