Legal Question in Traffic Law in Virginia

My cousin just received his 2nd DUI (within 5 yrs), including refusal of breathalyzer, and driving on a restricted license. The reason he’s the one receiving the charges is cause the police found him in the drivers seat. The vehicle was on, but parked/stationary. The twist to this is that in reality, I was the one who was driving prior to parking, my cousin had just hopped in drivers side to assist the parking. My question is: is it still possible for me to “speak up, and fess up” and claim the charges be to me instead? I was under the influence, and should truly be the one receiving all charges. I’m looking to do the “right thing”, and ensure the true violator receives the appropriate consequence. By the way, I did not receive any charges that night. This occurred in the Annandale area (apartment complex parking lot), Fairfax County.

Asked on 6/22/19, 12:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sure, you could always attempt to "do the right thing and fess up" by contacting the local office of the

Commonwealth's Attorney(probably Fairfax) and ask to speak to an Assistant Commonwealth's Attorney (ACA) who may be handling the case to determine what they might decide to do about it (if anything)

You should bear in mind, however, that since they would have no forensic evidence, i.e., BAC to corrobborate

your story,they might in fact be unable now to do anything with your claim.

Office Tel. (703) 340-1655

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Answered on 6/23/19, 6:02 am

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