Category: Case Results

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

Lower Fine No Jail for 100 MPH in 40 MPH Zone

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Our law firm recently represented a client charged with Reckless Driving by Speed, 100 mph in a 40 mph zone, in a central Virginia court. The client, who was from another country and in the United States on a student visa, was clocked going 100 mph while crossing a bridge that connects two semi-residential neighborhoods.

The client admitted guilt, followed our attorney’s advice prior to attending court, and therefore, received a fantastic result. The client was likely facing 30-90 days in jail, a fine in the range of $1,000.00 to $2,500.00, and a six month license suspension. As a result of our attorney’s efforts the client completely avoided a jail sentence, had his license restricted for a brief time and paid a $750 fine.

Aggravated DUI Reduced to a Standard DUI

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

An attorney for Weiland Upton recently was able to get an aggravated DUI reduced to a non-aggravated, standard DUI. Our client was charged with a second offense DUI. The client was facing significant punishment including a very substantial fine, a significant active jail sentence, and a three year license suspension, among other things.

She was pulled over for failing to use her turn signal, performed poorly on a series of field sobriety tests and blew a .12 on the breath test. Our attorney found some minor potential legal defenses, and through extensive negotiations with the Commonwealth’s Attorney was able to get the charge reduced from a second offense DUI to a first offense DUI. This was very significant because the client did not serve any active jail time and only had her license restricted for one year.

Successful Defense Against Aggravated DUI – Case Dismissed

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

An attorney for Weiland Upton successfully defended a DUI case in a local court this week. The client was charged with an aggravated DUI because his blood alcohol concentration (BAC) was a .16. As a result, had the client been convicted, he would have received a significant fine, a mandatory active jail sentence, a twelve month license suspension, and a requirement that he complete the VASAP program.

However, through a complicated Motion to Suppress filed by our attorney we argued that the officer’s reason for initiating a traffic stop on our client was illegal and unconstitutional. The judge agreed with our attorney’s argument and dismissed the case. Therefore, the client did not receive any punishment and his record will remain free of any traffic or criminal conviction related to this charge.

DUI Charge Reduced to Reckless Driving Means No License Suspension

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

An attorney for Weiland Upton recently represented a client charged with a first offense DUI/DWI in a local Virginia court. The client was pulled over by the police officer for having a headlight out, was asked to perform a series of field sobriety tests which the client did not perform well, and ultimately blew a .12 on her breath test.

Even though there were no strong legal defenses in the case, our attorney was able to convince the prosecutor to reduce the DUI charge to Reckless Driving, with a fine and a requirement that she successfully complete the Virginia Safety Action Program along with some other punitive requirements but did not have her license suspended. Had the client been convicted of the DUI, she would have had a twelve month license suspension and an ignition interlock device installed on her vehicle.

Reckless Driving of 91MPH in a 65MPH Zone – Case Dismissed

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Just this week an attorney from Weiland Upton was able to get an Emporia Reckless Driving by Speed charge of 91 mph in a 65 mph zone dropped. Our attorney was able to negotiate the result based on numerous factors. As a result, the client will avoid a conviction altogether on a misdemeanor charge that carried the prospect of a high fine and license suspension.

Have a  Driving Offense and have to go to Court? Call us at 804.355.8037

DUI Arrest but a Very Good Result for the Client

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

DUI Arrest, but a Very Good Result for the Client

Today, one of our attorneys represented a client in a local court who was charged with a first offense Driving Under the Influence charge (DUI/DWI) with a blood alcohol concentration (BAC) of .23. He was arrested after colliding with a parked car, and walking away from the scene of the accident. After extensive discussions and negotiations with the Assistant Commonwealth’s Attorney responsible for prosecuting the case against our client, our attorneys were able to achieve a very good result for the client.

If convicted as charged, the client was facing a mandatory minimum jail sentence of ten days, with the real potential for more jail time since the case involved an accident and a very high BAC. In addition, the client would have had to have an ignition interlock system installed on his vehicle for a twelve month period of time along with the other requirements of attending the Virginia Alcohol Safety Action Program (ASAP), a fine and a suspension of his driver’s license for twelve months.

Thanks to our attorneys’ hard work, our client was able to completely avoid an active jail sentence by having the enhanced DUI with a very elevated BAC reduced to a standard first offense DUI with no elevated BAC at all. Moreover, even though the client did receive the mandatory twelve month license suspension and VASAP, the attorneys were able to reduce the ignition interlock requirement from twelve months to six months, and get the client a restricted driver’s license that allowed him to drive to work and other important places.

Weiland Upton is a leading firm of VA DUI Attorneys

Call (804) 355-8037 for a free consultation

 

Creative Solution for a Marijuana Arrest that Meets the Client’s Needs

THE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER. THE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.

Creative Solution for a Marijuana Arrest that Meets the Client’s Needs

Today our attorneys represented a client in a local court charged with Possession of Marijuana. After being pulled over for swerving in and out of his lane, the police immediately smelled a strong odor of marijuana coming from inside his vehicle. Upon being questioned by the police about the presence of marijuana in the vehicle the client immediately admitted that there was marijuana in the vehicle that he had recently purchased. The marijuana was given to the police and the client was charged with simple possession of marijuana.

If convicted of the possession of marijuana charge, the client generally would have had two options. First, he could have chosen to be convicted of the charge and face a fine, an all suspended jail sentence and a six months suspension of his driver’s license. Second, he could have taken advantage of Virginia’s first offender statute. Under that provision of Virginia law, a person who is charged with possessing marijuana, or most other drugs, can ask the judge to consider taking the case under advisement for six months rather than convicting them. During that six month period, the defendant must complete at least 24 hours of community service, enter into and complete a substance abuse program that includes random drug screens, and have their driver’s license suspended for six months. If they complete the program successfully then the judge dismisses the case. If, however, the program is not completed successfully then the person is convicted of the possession of marijuana and is often sentenced to an active jail sentence.

In this case, as is often the case for clients charged with possession of marijuana, our client did not want to have his license suspended for six months. As a result, the two options above were not attractive options to him. After a lot of hard work, our attorney was able to reach an agreement with the prosecutor that resulted in the charge being amended to possession of paraphernalia rather than possession of marijuana, and he was sentenced to an all suspended jail sentence (he did not have to serve any jail time) and to pay a small fine. He did not receive any suspension of his driver’s license at all. Thankfully, we were able to find a creative solution that met all of the client’s needs.

 

Weiland Upton is a leading firm of VA DUI Attorneys

Call (804) 355-8037 for a free consultation