Legal Question in DUI Law in Virginia

Vasap

I was convicted of DWI offense, the judge gave me 30 days suspended sentence. One of the conditions of my probation is that I attend ASAP. Recently during a consultation with my case worker , I informed her that I may be laid off from work coming January...and that I may not be able to pay for classes. I was told that I would be sent back to court.....Do I have the option of cancelling ASAP and just doing the 30 days in jail....And after my suspension will i be able to get my license reinstated at the DMV.


Asked on 12/11/08, 11:27 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Vasap

No, the court(in my view) is not going to allow you to exchange 30 days in the slammer in return for being excused from having to attend and complete the Virginia Alcohol and Safety Action Program (VASAP) for the simple reason that this program may be able to remedy or at least ameliorate one or more of your problems which led to your DUI conviction in the first place, and thereby, possibly, keep you from repeating this particular offense again(which would be demonstrably in the public interest).

Even folks who are required to do jail time for DUI convictions are also expected to complete the VASAP as part of their probationary requirements.

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Answered on 12/11/08, 11:55 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Vasap

I think you should definitely NOT just stop going without an explanation or notice to the Court.

You should talk this over with ASAP and perhaps with the Clerk at the Court to learn about any options.

But I think you should file a notice with the Court that (1) you may not have the funds to pay for ASAP, and (2) asking for a waiver of the fees.

If you can't complete ASAP, the Court should hear it first FROM YOU, not from a negative report back from ASAP.

Even if the Court cannot find a solution financially for you, YOU want to be the one to bring it to the attention of the Court FIRST, showing that you are trying to work this out. You do not want to have it reported to the Court as non-compliance.

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Answered on 12/13/08, 2:00 pm


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