DUI REDUCED TO RECKLESS DRIVING/ REFUSAL 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.

On May 9, 2012, an attorney from Weiland Upton represented a client charged with a DUI and refusal.  If convicted of the DUI, the client would have received a high fine, a potential jail sentence, suspended license for one year and would have been required to attend the Virginia Alcohol Safety Program (VASAP).  Additionally, if the client had been convicted of the refusal, the client would have lost their license for an additional year with no opportunity to obtain a restricted license. Our attorney was able to convince the prosecutor to dismiss the refusal and reduce the the DUI to a reckless driving charge. As a result, the client paid a fine and id not have to attend the VASAP program or have their license suspended for any period of time. In this case, the client was arrested for DUI and taken to the jail to provide a breath sample as required under Virginia’s implied consent law.  Although the client made several attempts to blow into the machine, the client was physically unable to provide a strong enough breath sample to allow for a valid test result.  Because the police officer did not provide the client with the opportunity for a blood test, our attorney was prepared to argue that the police denied the client of an opportunity to obtain exculpatory evidence.

FELONY CRIMINAL RECORD EXPUNGED

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.

On April 30, 2012, an attorney from Weiland Upton appeared in a Virginia Circuit Court with a client who was originally charged with felony unauthorized use of a motor vehicle. After getting the case dismissed the attorney successfully convinced the judge to expunge the client’s record.  Thanks to the attorney’s effort, the client not only avoided a serious felony conviction, but as a result of the expungement his record is now perfectly clean and there is no record of the arrest.

Motorcycles Driving Side By Side

Effective July 1, 2012, motorcycles will be permitted to drive side by side two abreast.  This represents a change in the law that did classify such activity as reckless driving.  The revised statute now reads as follows:

A person shall be guilty of reckless driving who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort, or law-enforcement officers driving motorcycles while on official duty; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.