Weiland Upton obtained a fantastic result in a case in Richmond this week. Our client was charged with Driving Under the Influence and Refusing to Provide a Breath Sample. It all began when the client attempted to parallel park his vehicle on a road in the Fan District of Richmond. Unfortunately, he struck the car in front of him and almost struck another vehicle as he parked.
A Richmond police officer observed all of this and initiated a traffic stop. After smelling alcohol on our client’s breath, the officer had our client perform field sobriety tests, which were not performed well, and had him blow into his preliminary breath test machine (PBT) which registered a result of .17. The officer placed him under arrest, at which time our client indicated his refusal to take an official breath test at the police station.
After a great deal of negotiation, we were able to have the Refusal charge dropped and the DUI/DWI reduced to Reckless Driving. Had the client been convicted of DUI, he would have had his license suspended for a full year with a restricted license plus he would have been required to have an ignition interlock device installed on his vehicle for a minimum of six months and would have had to complete the Virginia Alcohol Safety Action Program (VASAP).
As a result, he did not have to attend VASAP, did not get an ignition interlock device installed and he only received a ninety day restricted license. Moreover, since the Refusal was dropped, he was spared from an additional one year license suspension on top of the DUI for which he would not have been eligible for a restricted license. If you find yourself charged with a DUI or other serious traffic violation in Virginia, please call the attorneys at Weiland Upton at (804) 355-8037.