Legal Question in DUI Law in Virginia

Underage dui

The evidence on the court papers state he blew a 0.00. He stated he has had a beer. Also it is stated on the papers, the sobriety test was not 100% . Could this possible be dismised? Virginia


Asked on 12/06/08, 10:48 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Underage dui

Yes, but the accused will likely need an experienced and competent defense counsel in order to achieve such a result.

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Answered on 12/07/08, 12:49 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Underage dui

It is always possible to defeat a charge of DUI / DWI. Not guaranteed, of course. But possible. There are a dozen or more possible grounds for getting the charge dismissed (that is before trial) or winning at trial. DUI's are tricky because they involve machines and special statutes and this creates many reasons for attacking the charge. There can never be any guarantees, but the legal consultant I now work with has advised on nearly a hundred successful DWI trials (people found innocent).

Now, you say -- if you typed correctly -- that the court charged an underage person with blowing a 0.00.

Did you type that correctlty???

Could you get the case dismissed because the papers -- probably as an error -- charging him with having a 0.00 alcohol level?

Absolutely. However, I would agree with Michael and get some legal counsel.

For example: You would want to handle this in a way that minimizes their chance to correct the error. You want this "dismissed" in a way that it cannot be re-filed later, or the error corrected, or a superseding charge correcting the error being issued.

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Answered on 12/07/08, 1:41 pm


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