Robinson Law Case Results

DRIVING ON A SUSPENDED LICENSE DUE TO A DUI - FAIRFAX COUNTY

2011-11-05T13:44:00.001-07:00

Facts:

Client was driving to the ASAP program when she was stopped by law enforcement. Client was unable to find her restricted license that granted her the requisite permission to drive whatsoever. The officer, thankfully, allowed her to travel onto the ASAP class. Once Client arrived, she discovered that her license fell under her seat.

Disposition:

Case was nolle prossed (dismissed) by the prosecutor.

POSSESSION OF MARIJUANA - FAIRFAX J&DR DISTRICT COURT

2011-11-05T13:33:00.000-07:00

Facts:

Marijuana was found in my Client's book bag as he was attempting to enter his school.

Disposition:

Client performed 25 hours of community service prior to court and the Commonwealth's Attorney agreed to nolle pros (dismiss) the charge against him.

Note: While a lot of the facts of this case are omitted intentionally, possession of a controlled substance can only be established if you are aware that the substance is "present," and you are aware of what the substance "is."

So... actual possession = presence + knowledge

DUI (.22); RECKLESS DRIVING (88/55) - FAIRFAX COUNTY

2011-10-20T13:22:00.000-07:00

Facts:

Client stopped for speeding on the Dulles Toll Road. Client allegedly failed several Field Sobriety Tests and submitted to a Preliminary Breath Test with the result of .19. He was then arrested for DUI. When he arrived at the police station, he submitted to the EC/IR2 with a result of .22.

Disposition:

The Blood Alcohol Content was reduced from .22 to .20 - saving Client 5 additional days in jail. The Reckless Driving charge was nolle prossed (dismissed) by the prosecutor. While Client had to serve 5 days in jail, we were able to convince the judge to allow him to report two weeks later to serve his jail sentence so he could take care of personal matters.

For more information on DUI and Reckless Driving, please go to www.CriminalAttorneyVa.com

DUI (.18) - FAIRFAX COUNTY

2011-07-27T12:33:00.000-07:00

DUI (.18) - 18.2-266

DISPOSITION: COMMONWEALTH'S ATTORNEY STRUCK REFERENCE TO CLIENT'S BLOOD ALCOHOL CONTENT (BAC) THEREBY ELIMINATING THE 5 DAY MANDATORY JAIL SENTENCE AND IGNITION INTERLOCK DEVICE.

DRUNK IN PUBLIC - PRINCE WILLIAM COUNTY

2011-07-26T12:10:00.000-07:00

DRUNK IN PUBLIC - 18.2-388

DISPOSITION: CHARGE WAS DISMISSED BY THE COMMONWEALTH'S ATTORNEY (NOLLE PROSSED).

DUI (.07) - PRINCE WILLIAM COUNTY

2011-07-26T12:09:00.000-07:00

DUI (.07) - 18.2-266

DISPOSITION: REDUCED TO RECKLESS DRIVING - 46.2-852.

SPEEDING (41/25) - TOWN OF HERNDON

2011-07-13T12:31:00.000-07:00

SPEEDING (41/35) - 46.2-874

DISPOSITION: REDUCED TO DEFECTIVE EQUIPMENT.

NOTE: DEFECTIVE EQUIPMENT IS A ZERO (0) POINT VIOLATION.

DUI; DWI (.13) & STOPPING IN ROADWAY - FEDERAL COURT

2011-06-28T12:28:00.000-07:00

DUI; DWI (.13) AND STOPPING IN ROADWAY - FEDERAL DISTRICT COURT, EASTERN DISTRICT OF VIRGINIA

DISPOSITION: NEGOTIATED PLEA AGREEMENT WHEREBY CLIENT PLED GUILTY TO DUI, IN RETURN FOR THE DWI AND THE STOPPING IN ROADWAY CHARGE BEING DISMISSED.

CREDIT CARD THEFT; FRAUD; FORGERY - FAIRFAX J&DR

2011-06-22T13:49:00.000-07:00

Facts:

Omitted intentionally.

Disposition:

Two of the three charges were dismissed pursuant to a plea agreement. Client pled guilty to credit card fraud. Client was placed on probation for 12 months. If Client successfully completes his probation without any further incidents, he is free to petition the court to dismiss his charge.

RECKLESS DRIVING BY SPEED - FAIRFAX COUNTY

2011-06-09T12:41:00.000-07:00

RECKLESS DRIVING (81MPH/55MPH) - VA. CODE 46.2-862

DISPOSITION: REDUCED TO IMPROPER DRIVING. $75.00 FINE.

NOTE: RECKLESS DRIVING IS A CLASS 1 MISDEMEANOR. IT ALSO CARRIES WITH IT 6 DEMERIT POINTS WHICH WILL STAY ON YOUR DRIVING RECORD FOR 11 YEARS.
IMPROPER DRIVING IS A 3 DEMERIT POINT VIOLATION WHICH WILL STAY ON YOUR RECORD FOR 3 YEARS.

CONTRIBUTING TO DELINQUENCY OF A MINOR - FAIRFAX COUNTY

2011-06-09T12:30:00.001-07:00

CONTRIBUTING TO DELINQUENCY OF MINOR - 18.2-371

DISPOSITION: AFTER COMPLETING A 10 HOUR PARENTING CLASS, THE CASE WAS NOLLE PROSSED BY THE COMMONWEALTH'S ATTORNEY WHICH ENABLES CLIENT TO HAVE THIS CHARGE EXPUNGED FROM HER RECORD.

CONTRIBUTING TO THE DELINQUENCY OF MINOR - FAIRFAX COUNTY

2011-06-09T12:12:00.000-07:00

CONTRIBUTING TO THE DELINQUENCY OF A MINOR - 18.2-371

DISPOSITION: AFTER COMPLETING A 10-HOUR PARENTING CLASS, THE CHARGE WAS DISMISSED (NOLLE PROSSED) BY THE COMMONWEALTH'S ATTORNEY. A NOLLE PROS ALLOWS CLIENT TO PETITION THE CIRCUIT COURT FOR AN EXPUNGEMENT OF THE CHARGE FROM HER CRIMINAL RECORD.

FAILURE TO YIELD RIGHT OF WAY (ACCIDENT) - TOWN OF HERNDON

2011-06-08T12:46:00.000-07:00

FAIL TO YIELD RIGHT OF WAY RESULTING IN ACCIDENT - 46.2-820.

DISPOSITION: REDUCED TO FAILURE TO PAY FULL TIME AND ATTENTION. $100 FINE.

NOTE: FAILURE TO YIELD RIGHT OF WAY IS A 4 DEMERIT POINT VIOLATION WHICH STAYS ON YOUR DRIVING RECORD FOR 3 YEARS. FAILURE TO PAY FULL TIME AND ATTENTION IS A (ZERO) DEMERIT POINT VIOLATION.

POSSESSION OF MARIJUANA - WINCHESTER

2011-06-08T12:25:00.000-07:00

POSSESSION OF MARIJUANA (18.2-250.1).

DISPOSITION: NOLLE PROSSED.

DRUNK IN PUBLIC - FAIRFAX COUNTY

2011-03-18T08:16:00.000-07:00

CHARGE: DRUNK IN PUBLIC - FAIRFAX COUNTY CODE 5-1-1

DISPOSITION: THE CHARGE WAS NOLLE PROSSED BY THE COMMONWEALTH'S ATTORNEY AFTER COMPLETION OF 20 HOURS OF COMMUNITY SERVICE. SINCE THE CASE WAS NOLLE PROSSED, IT ENABLES CLIENT TO HAVE THIS CHARGE EXPUNGED FROM THEIR CRIMINAL RECORD PURSUANT TO VA CODE 19.2-392.2.D

DUI 2ND WITHIN 5-10; REFUSAL 2ND - FAUQUIER COUNTY

2011-01-25T15:38:00.000-08:00

DUI 2nd w/in 5-10 years (18.2-266) and Refusal 2nd (18.2-268.3).

Facts of the Case:
After having a few drinks, Client and a friend went out to Client's car to listen to his new car stereo. When law enforcement saw Client and his friend sitting in the car with its parking lights on, and exhaust coming from the car, they approached to investigate. After smelling a "strong" odor of alcohol, observing Client with bloodshot eyes and slurred speech, Client was asked to perform a series of Field Sobriety Tests (FSTs). Client refused all FSTs, the Preliminary Breath Test (PBT) and the Intoxilyzer (EC/IR 2).

Disposition:
The DUI 2nd w/in 5-10 was reduced to a DUI 1st offense. The Refusal 2nd was nolle prossed (dismissed) by the Commonwealth's Attorney. No jail time.

NOTE: It's important to remember that one can be charged with a DUI simply by "operating" an automobile - such as in the case above. You do not need to be driving. Simply engaging the electrical or mechanical instruments of the car, despite the fact that the automobile is never put into motion, is enough to trigger a potential DUI arrest.

DUI (.28) - Prince William County

2010-09-29T14:00:00.000-07:00

Driving Under the Influence (18.2-266) with an enhanced BAC of .28 - Prince William County

Facts: Client was involved in a multi-car accident in Prince William County. What made the facts of this case problematic is that Client decided to leave the scene of that accident and drive home. Client was stopped by law enforcement a short time later where he, according to law enforcement, allegedly failed a series of standard field sobriety tests (FSTs). At that point, Client was administered the Preliminary Breath Test (PBT), and his result was a .22. Client was arrested for DUI and was administerd the EC/IR2 (Intox) where he blew a .28.

Note: I was terribly concerned about the ultimate disposition in this case. As a former prosecutor, I know that asking for 30-60 days is not out of the question in cases where the BAC is almost four-times the legal limit combined with an accident. This facts of this case was certainly aggravating.

Disposition: The BAC was reduced to .15. Client is required to serve 5-days (mandatory minimum) in jail. He must also pay a $350 fine, attend ASAP and his ability to drive has been suspended for one-year. However, he was granted a restricted license by the court so long as he has the ignition interlock device installed on his car. Overall, it was a very favorable disposition for my Client.

Domestic Assault and Battery (18.2-57.2) - Fairfax County Juvenile and Domestic Relations District Court

2010-09-24T12:48:00.000-07:00

Domestic Assault and Battery (18.2-57.2).

Facts: Two brothers were fighting when stepfather called police to break-up altercation. The oldest brother was arrested and charged with battery on his younger brother. Since both brother lived under the same roof, it is considered "domestic" in nature and the Commonwealth's Attorney proceeded under 18.2-57.2 instead of 18.2-57.

Dispostion: The case was nolle prossed (dismissed) by the Commonwealth's Attorney.

Reckless Driving Generally (46.2-852) - Alexandria

2010-05-25T08:40:00.000-07:00

Reckless Driving (46.2-852). According to law enforcement, Client was swerving in and out of traffic and was involved in, what was descrived as, an aggressive verbal exchange with another driver.

Disposition: Reduced to Improper Driving (46.2-869). Client was required to pay $100 plus court costs.

DUI (.08) - Stafford County

2010-05-22T08:21:00.000-07:00

DUI (18.2-266). Client, an Arlington resident, was stopped in Stafford County for: 1) Headlight out; 2) Illegal U-turn. Client admitted to drinking and agreed to perform field sobriety tests where she passed two of the three tests. She blew a .10 on the PBT and was arrested for DUI.

Disposition: After a trial, Client was found Not Guilty.

DUI; Refusal - City of Alexandria

2010-05-08T05:59:00.000-07:00

DUI (18.2-266) and Refusal (18.2-268.3). Facts of the case: Client fell asleep/passed out at the wheel while stopped at a red light in Old Town Alexandria. Law enforcement responded and removed Client from car. Client refused all fiend sobriety tests, PBT and the Intoxilyzer at the police station. The police report noted at that Client admitted to drinking and had a strong odor of alcohol coming from his person. Additionally, the police report noted that client was "unsteady" on his feet but walked "normally." The police report also indicated that his eyes were "normal" and that my client mumbled.

Disposition: DUI reduced to Reckless Driving Generally (46.2-852). The Refusal was nolle prossed by the Commonwealth's Attorney. Client's license was suspended for 6 months and he had to attend the ASAP program. Client received a fine of $300. No jail time. Client is a Maryland resident so the license suspension does not affect him.

Fairfax County J&DR District Court - DUI (.07)

2010-05-03T08:32:00.000-07:00

DUI (18.2-266.1). Client, a juvenile, was charged with a "baby" DUI in Fairfax County. The term, "Baby," is used informally to reference 18.2-266.1, the under 21 DUI statute. That statute criminalizes the operation of a motor vehicle, by a person under the age of 21, with a BAC between .02 and .08.

Disposition: Reduced to Reckless Driving Generally (46.2-852). Client was required to attend an alcohol awareness class and had his license suspended for six months. However, he was allowed to drive an a restricted basis.

DUI; False Police Report - City of Alexandria

2010-04-28T12:40:00.000-07:00

DUI (18.2-266) and False Police Report (18.2-461). Disposition: DUI was reduced to Reckless Driving (46.2-852). False police was nolle prossed by the Commonwealth's Attorney. Client required to pay courts costs (no fine) and attend ASAP. His license to drive is suspended for six months. However, a restricted license was granted by the court. No jail time.

DUI (.15) - Loudoun County

2010-04-19T10:39:00.000-07:00

DUI (18.2-266) with an enhanced BAC of .15. After my Client left a bar/restaurant late one evening, he lost control of his automobile and wrecked. Once police arrived on the scene my client established: that he was the driver, that he had been drinking, the time the accident occurred and the fact that he did not consume any alcohol after the accident. Client did not perform well on the FST's and his PBT result was.138.

Disposition: Reduced to Reckless Driving (Generally (46.2-852)). Client must complete the ASAP class and his ability to drive was suspended for six months. However, a restricted license was authorized by the court. No jail time.

Reckless Driving by Speed - Fairfax County

2010-04-02T08:13:00.000-07:00

Reckless Driving (46.2-862). Client was traveling 75/55 on Interstate 66. Client had a -8 driving record in Virginia; not a good record whatsoever.

Disposition: Reduced to simple speeding (46.2-870). While the Assistant Commonwealth's Attorney stated that my Client's driving record "sucked," he still agreed to reduce the charge from Reckless Driving which is a Class 1 misdemeanor in Virginia.

Speeding (70/55) - Fairfax County

2010-04-01T08:04:00.000-07:00

Speeding (46.2-870). Client was traveling 70/55 on Route 28. The problem in this case was that the Client worked as a cab driver and had a very bad driving record (-10). If my Client was found guilty of the charge, he would have lost an additional 3 points; thereby making his driving record -13 and putting him in jeopardy of losing his job and potentially his license.

Disposition: Reduced to Failure to Pay Full Time and Attention. The amended charge carries with it 0 points. Therefore, my Client's driving record was not adversely effected. My Client was required to pay a fine of $250.

FELONY DUI 3RD; REFUSAL 3RD; OBSTRUCTION; DRINKING WHILE OPERATING; NO OPERATOR'S LICENSE - LOUDOUN COUNTY

2010-03-30T10:32:00.000-07:00

Felony DUI 3rd (18.2-266/18.2-270); Refusal 3rd (18.2-268.3); Obstruction of Justice (18.2-460); Drinking While Operating Vehicle (18.2-323.1) & No Driver's License (46.2-300).

Client was pulled over for suspicion of DUI (swerving) and fled on foot once Loudoun County Sheriff's stopped him. He was arrested and charged with Felony DUI 3rd within 10 years. He substquently refused the breath test at the police station. Since he ran from law enforcement, he was charged with Obstruction of Justice. Law enforcement found an open container of alcohol in his car which led to the charge of Drinking while Operating. He did not have a valid driver's license and there is an outstanding arrest warrant for Client in another state.

DISPOSITION:

1) DUI 3rd - Reduced to DUI 2nd within 10 years. 10 days in jail (Client has already served seven days prior to being released); $500 fine & ASAP. Client can apply for restricted license after four months with ignition interlock. Client was allowed to serve his remaining sentence on the weekend - Rare in Loudoun County. This sentence was the minimum that my client could receive pursuant to Va. Code 18.2-270. A very good day for Client.

2) Refusal 3rd - Dismissed

3) Obstruction of Justice - Dismissed

4) Drinking while operating vehicle - Dismissed

5) No Driver's License - Dismissed

DUI (.16); Reckless Driving by Speed - Frederick County, Virginia

2010-03-02T16:14:00.000-08:00

DUI ((.16) (18.2-266/18.2-270)) and Reckless Driving by Speed ((83/65) (46.2-862)). Pursuant to Va. Code 18.2-270, a DUI conviction where the defendant's BAC is between .15-.19 is punishable by 5 days in jail, a mandatory minimum, and installation of the ignition interlock device. Honestly, this case was solid for the Commonwealth's Attorney. The stop was good (speeding), my client performed poorly on the FST's and her PBT result was .19.

Disposition: The BAC, .16, was struck from the face of the warrant. What that means is that my client will not have to serve any jail time and will not have the ignition interlock device installed on her car. The Reckless Driving was reduced to simple speeding (46.2-862). Sometimes, it's more about mitigation than guilt or innocence.

Prevent Summoning Law Enforcement Officer - Prince William County

2010-02-27T09:09:00.000-08:00

Prevent Summoning Law Enforcement Officer (18.2-164). Client is currently attempting to seek a federal law enforcement position. In this situation, it was very important that this charge was dismissed. A guilty conviction, especially one with domestic underpinnings, could have disastrous consequences professionally.

Disposition: Dismissed upon the completion of eight hours of couples counseling. Once the case is ultimately dismissed, an expungement can ensue.

Reckless Driving - Fairfax County

2010-02-24T08:25:00.000-08:00

Reckess Driving (46.2-862). Client, a Maryland resident, was driving 85/55 on the Dulles Toll Road. Disposition: Reduced to simple speeding 74/55 (46.2-870). Client required to pay $250 fine. No license suspension and/or restrictions.

DUI; Refusal; Reckless Driving by Speed - Fairfax County

2010-02-19T18:33:00.000-08:00

DUI (18.2-266); Refusal (18.2-268.3); Reckless Driving by Speed 77/55 on I-66 (46.2-862). Dispositon: DUI reduced to General Reckless Driving (46.2-852). Refusal was nolle prossed by the Commonwealth's Attorney. The Reckless Driving by Speed was reduced to a simple speeding ticket 74/55 (46.2-870). Client has to pay $350 in total fines. Her license was suspended for six (6) months. However, she was granted a restricted license. She has to complete the ASAP class. No jail time.

Reckless Driving - Fairfax County

2010-02-18T20:29:00.000-08:00

Reckless Driving (46.2-862). Client was traveling 84/55 on Dulles Toll Road. After having her speedometer calibrated, the car was found to be traveling three (3) miles faster than the speedometer indicated; making her speed 81/55. Disposition: Reduced to simple speeding (46.2-870). Client required to pay $150 fine. No loss of license and/or restricted license.

Reckless Driving - Fairfax County

2010-02-18T09:11:00.000-08:00

Reckless Driving (46.2-862). Client was traveling 84/55 on the Dulles Toll Road. Disposition: Reduced to simple speeding 46.2-870. Client required to pay $75 fine plus court costs.

DUI - Prince William County

2010-02-09T10:40:00.000-08:00

Driving Under the Influence (18.2-266). After having several drinks, my client drove home and subsequently passed out in her car with the engine running and radio playing. Officers responded to the scene due to a noise complaint when they discovered my client still passed out in the car. After failing four field sobriety tests (FST's), my client was arrested and charged with DUI. Since she was on private property when law enforcement found her, Virginia's implied consent law did not apply, therefore, she was under no obligation to submit to a blood/breath test. However, she was charged with DUI nonetheless based on her performance of the FST's.

Disposition: Reduced to Reckless Driving (46.2-852). Client must complete ASAP and pay $250 in fines and costs. Client also is required to drive on a restricted basis for 6 months. No jail time.

Reckless Driving (46.2-862) - Loudoun County

2010-02-05T13:50:00.000-08:00

Reckless Driving (46.2-862). Client stopped by Virginia State Police for driving 75 mph in a 35 mph zone on the Dulles Toll Road.

Disposition: After negotiating with the Trooper and the Assistant Commonwealth's Attorney, the case was reduced to Simple Speeding (46.2-870), 54 mph in a 35 zone. No jail time, no suspended license. Client required to pay $150 fine and court costs.

Reckless Driving (46.2-852) - Prince William County

2010-01-27T06:51:00.001-08:00

Reckless Driving (46.2-852). Client involved in a multiple car accident due to an illegal u-turn on Route 15. Disposition: Reduced to Improper Driving (46.2-869). My client was not fined nor did she have her licensed suspended. She was, however, required to pay court costs.

Driving After Forfeiture of License (18.2-272) - Fairfax City

2010-01-26T12:17:00.000-08:00

Driving After Forfeiture of License (18.2-272). Reduced to Driving on a Suspended License (46.2-301). Disposition: 30 day loss of license and $200 fine. No jail time.

Of all the Driving Suspended/Revoked statutes, 18.2-272 "272" is probably the most serious because it mandates a loss of license for one year (no restricted license allowed). People who are charged with a 272 violation have had their license suspended/revoked due to being previously found guilty of a DUI, Refusal, or some other alcohol related crime. The 272 violation occurs when, during that year that they are revoked/suspended, they are caught driving or caught driving outside their permissible restrictions.

Possession of Marijuana - Fairfax County

2010-01-26T12:06:00.001-08:00

Possession of Marijuana (18.2-250.1). Disposition: 6 month General Continuance. Client must perform 25 hours of community service and have a drug assessment conducted. Case will be dismissed at the conclusion of the 6 month period.

This is more favorable than a traditional "251" disposition (18.2-251) because it allows Clients to have their record expunged at the end of the 6 month period. This is due to the fact that my client, today, never pled guilty or was found guilty of the offense.

A "251" disposition occurs when the Client pleads guilty, or the the court finds the Client guilty of the underlying crime, but chooses to defer the finding so long as the Client has never been found guilty to a drug offense previously.

The general continuance is a much more favorable conclusion in all possession cases.

Reckless Driving, Fairfax County

2010-01-22T13:45:00.000-08:00

Reckless Driving 46.2-862 (83 mph in a 55 mph zone on I-495 (pace)) reduced to simple speeding 46.2-870 (74 mph in a 55 mph zone). Defendant required to pay $100 fine.

DUI (.10) Fairfax County

2010-01-20T17:40:00.000-08:00

DUI at George Mason University (18.2-266 (.10 BAC)) reduced to Reckless Driving (46.2-852). Defendant is required to pay a $1000 fine, attend ASAP, and drive on a restricted basis for 6 months. No jail time.

DUI Refusal Dismissed

2010-01-14T07:31:00.000-08:00

Loudoun County, VA: My client was accused of DUI, having an open container in a vehicle and refusing to take a chemical test. The client was cleared of all charges.

Third Time DUI Charge Reduced

2010-01-14T07:18:00.000-08:00

Fairfax, Virginia: Following her arrest for DUI with three prior convictions, my client was facing 180 days in jail. Despite a BAC of .20% and her two prior convictions within the past ten years, I was able to negotiate a reduction to Reckless Driving with a probation disposition for a first time alcohol class and a fine.

http://michaelrobinsonlaw.com/index_files/DUIAttorney.htm

Reckless Driving in a Work Zone, Prince William County

2010-01-13T19:00:00.000-08:00

Reckless Driving in a Work Zone, Prince William County: Reduced to speeding 46.2-870, with the completion of driver improvement and court costs.

Driving Outside Restrictions (DUI); Failure to Obey Highway Sign, Fairfax County

2010-01-12T18:00:00.000-08:00

Driving Outside Restrictions (DUI); Failure to Obey Highway Sign, Fairfax County: Reduced to $200 fine for Failure to Obey, Driving Outside Restrictions charge dismissed.

Reckless Driving, Prince William County

2010-01-11T16:23:00.000-08:00

Prince William County, VA: Reckless Driving Virginia Code 46.2-862. Reduced to Unsafe Lane Change with completion of driver improvement program (Jan 11, 2010).

Domestic Assault and Battery, Prince William County

2010-01-08T14:00:00.000-08:00

Domestic Assault and Battery, Prince William County: Dismissed before trial by the Commonwealth Attorney.

2009-02-27T09:06:00.000-08:00

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