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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience:  Practicing criminal defense attorney
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Hello, I got picked up in VA for a DUI - Charged as 2nd because

Customer Question

Hello, I got picked up in VA for a DUI - Charged as 2nd because I had a previous one in CA in 2008. First, my attorney thinks they will probably not be prepared with documentation to prove it's a 2nd from California, and 2nd he said the law in CA and VA is different in that in CA you have to be "driving", also I was parked on private property, not actually driving, but parked with the keys in the ignition. Should I accept a 1st in VA if offered, or try and get them to drop to wreckless driving given the facts of private property and CA? It is in stafford county, VA. General thoughts welcome.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  lwpat replied 4 years ago.
Here you want your attorney to try and get it reduced to Virginia reckless driving. You don't need my advice to know that. Here I do agree with him that it will probably be difficult for them to prove the previous one from CA so they may offer you a deal rather than trying to get the paperwork. Since you were not actually observed driving I would thing that a reduction to reckless driving would be appropriate.

My thoughts are that driving and drinking are not compatible. You need to make other arrangements like a friend or taxi anywhere but especially in Virginia. Their traffic laws are some of the toughest in the nation and the judges will put you in jail just for speeding, much less a DUI.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and 12 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Understand and thanks for the answer, should I accept the 1st DUI if thats all they offer, or take to trial?

Also, they found some prescription pills in the truck, two schedule II, and one schedule III, however I haven't been charged with anything yet. They bagged them and I suspect I will when the lab comes back. I have had a friend step forward with prescriptions for the two schedule II and he said they fell out in my truck and that they are his. He is willing to testify and show prescription bottles, do you think this is reasonable to get the felonies dropped if they come?

Thanks.
Expert:  lwpat replied 4 years ago.
I doubt it, his explanation is pretty lame. You can expect to be charged when the results come back. Have your attorney contact the DA and arrange for you to come in rather than being picked up a 6pm on a Friday and spending the weekend in jail.

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