Legal Question in DUI Law in Virginia

Sir, while on probation for a conviction for a second DUI in virginia District Court in 5 years, I was arrested and convicted of a 3rd dui in 5 years by the Circuit Court. The 3rd DUI in 5 began in the District Court, but was moved to the Circuit Court because it was a felony. In the Circuit Court I plead guilty to that 3rd DUI in 5 and was sentenced to 10 months work release.

My question, is now that the conviction has been entered, the Probation officer for the District Court has violated my probation and sent the paper work to the District Court. Will the District Court now hand down the 80 days that were suspended and null my deal with the Circuit court, or will they just add those days on to my Circuit Court sentence?

Asked on 8/21/12, 3:21 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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No, the circuit court sentence should take precedence, (If the case was transferred to circuit from district court, the latter would no longer have any

jurisdiction in the matter either to add to, delete from, or modify the circuit

court sentence in any way.)

However, if you're found guilty in the probation violation proceeding

in the district court, the judge of that court could impose additional time

for having violated your probation.

Read more
8/22/12, 7:31 am

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