Owen is 35 years old and works at the shipyard. He is married with a small child. Owen enjoys playing sports and traveling. On a Saturday evening, Owen was returning home from a restaurant. He had been drinking but was tired and wanted to get home as quickly as possible. He fell asleep at the wheel and the next thing he knew he was arrested for 3rd offense DUI within 10 years, refusal to take the breath test and driving on a suspended license.
Fought To Keep His Job & Avoid a Felony
Owen met with me and explained that he knew it was a mistake to drive that evening but that a felony conviction would cause him to lose his job. He was the main financial provider for his family and was concerned that incarceration would make it impossible to support his family. We discussed this case in detail and I explained that the Commonwealth only negotiates pleas on certain DUI cases. I met with the Commonwealth’s Attorney several times to plead Owen’s case and to assure the prosecutor that my client was remorseful.
90% Reduction In Recommended Sentence
Eventually, the Commonwealth agreed to drop the suspended license and the refusal charges and to reduce the felony 3rd DUI within 10 years to a misdemeanor 2nd offense DUI within 10 years. My client was appreciative of the offer and readily accepted this sentence. This disposition assured Owen that he would not lose his job. Avoiding a felony conviction also means that Owen will not lose his right to vote. In addition, his plea called for him only serving 10 days mandatory instead of the 90 days mandatory time he would have served if convicted of the felony. The sentence called for his license to be suspended for 4 years but he can apply for a restricted license within 4 months. Had he been convicted of the 3rd DUI within 10 years and the refusal, his license would have been suspended for 8 years and he would have had to wait for 6 years to request a restricted license.
James Short Your Virginia DUI Lawyer
Criminal defense attorney James Short began his career as a prosecutor in the role of Assistant Commonwealth’s Attorney for the City of Portsmouth. He has been in private practice since 1991 and has handled hundreds of DUI cases for clients from Chesapeake, Portsmouth, Norfolk, Suffolk, Virginia Beach, and the surrounding areas. If you’ve been charged with a DUI in Virginia, please contact us today to request a consultation to discuss how to best proceed with your case.