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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My daughter is in the middle of a divorce, in Virginia, and

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My daughter is in the middle of a divorce, in Virginia, and wants to testify to certain crimes her soon to be ex-husband committed, some while they were married, some while they were living together. The first while they were living together was a DWI where the prosecutor basically let him off with no repercussions whatsoever, under Nolle Prosequi . There was plenty of time left on the statute of limitations, he was charged in July of 2011 and released from prosecution in December of 2011. There was sufficient evidence as they did two alcohol tests, one in the field and then one at the station. The ONLY punishment he received from this major power company, was 10 days off of driving their trucks. He continues to drive their trucks now as a lineman, fixes electricity outages, in the worst of weather. He frequently goes into the mountains of Va and West VA to work on outages, but most are here in Fairfax County, Va. Had he have been convicted (he should have been, his alcohol level was .2 when he arrived at the police station), he would be automatically fired. Even having the DWI with his previous driving record should prohibit him from driving period, much less the type of trucks he does drive and in the weather in which he operates them. His record is online on the Fairfax County District Court system case records, anyone has access. My daughter, who was married to him at the time, begged and pleaded with the arresting officer to go easy on him or he would loose his job, with no questions asked. She now wishes of course that she hadn't. There were other power company employees in the car (his private vehicle) when he was arrested and they told her that he would be fired for sure, that is "company policy". ANYWAY, for SOME STRANGE reason, he received no conviction, no fine, no time in jail, no suspension of license (although on the Fairfax site he has about 10 traffic/driving infractions in addition to this (some more serious than others) and still he drives these big power trucks in awful weather on the same roads that we and plenty of other citizens do. She would not mind testifying (now) that he had been drinking heavily before he got into that car and drove. The other employees of that company also knew that he had been drinking, but they were not questioned, nor have they been that I know of. If this was relayed to the prosecutor, could they try him again based on new evidence or would the statute override that since it's now August of 2013 ? My daughter did not deny to the officer that he hadn't been drinking, just begged for him to go easy on him. That couldn't have been the only reason they let him go. No one with that alcohol level walks out of court with NOTHING. I wonder if some other stronger "forces that be" got him off because of possible embarrassment ? Well, it would be a lot more embarrassing if this story gets out. Didn't want to give his name, although it's on the public county District website. The other crimes have been reported and are in the process of being worked on now. ALSO, if the wife sees a crime committed by her husbands relative, would that be covered under privilege or could she testify ?

Thank you for your question. Please permit me to assist you with your concerns.

Let me respond to what I can, since there are some facts here that would be simply educated guesses on my part. In terms of the marital privilege, ANY spouse can waive it--so if your daughter would ever wish to testify, she could do so--he could not block her from testifying. As for not charging him, I agree that it is irregular at best but it is highly unlikely your daughter had anything to do with whether or not the State would pursue as that is solely their decision. They could have obtained pressure from outsiders to drop it, or chose not to pursue over lack of resources. But in any case your daughter cannot go to the state and demand prosecution since she lacks standing to do that--she was not a victim and not a party to the event. And as he wasn't convicted, he is innocent until proven guilty and the company is within their right to allow him to drive. Whether that is wise or not is their company's decision.

Good luck.

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