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Virginia Trial Lawyer
Virginia Trial Lawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 68
Experience:  Former Virginia prosecutor, now private practice attorney specializing in criminal defense & divorce
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i appeared for my initial 1st offense dui court date yesterday.

Resolved Question:

i appeared for my initial 1st offense dui court date yesterday. i was told that they (arresting officer?) lost the evidence and that the court date was being moved to november. how many times can they move the date due to lost evidence? and since i am an illegal from mexico, will i be charged for not having a valid driver's license? what can i expect my sentence to be?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Virginia Trial Lawyer replied 8 years ago.

You need a lawyer who can object to these continuances. Be aware that most states have a speedy trial law that requires the state to commence the prosecution within a certain amount of time. Repeated prosecution continuances can bring them close to that deadline. In Virginia, the speedy trial deadline is 9 months from date of arrest for people who are NOT incarcerated while awaiting trial, a 5 months for people who ARE incarcerated while awaiting trial.


Sentence: For a 1st offense DUI, it depends on your BAC. In Virginia, for example, any BAC over .15 requires a mandatory non-suspendable jail sentence. Most DUIs convictions result in a 60 to 90 day jail sentence, suspended (except mandatory minumum sentences), a fine of $500 to $1,000, suspension of drivers license for a year, and enrollment in a alcohol safety awareness class.


As for the no drivers license charge, expect a fine of $100 to $300.


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Former Virginia Prosecutor

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