I was convicted for a DUI in VA and received one year probation. I completed Virginia's ASAP program. I received a second DUI conviction about 8 months after the first and was served jail time but most of it was suspended. Now, I have been charged with violation of probation for the first DUI, due to the second DUI conviction. Also, during the time after the first DUI I was diagnosed with depression and sought medical and psychiatric treatment. During the conviction I had been going through a divorce as well. Is there anything I can do to avoid jail time? And do the time and penalties for the second DUI conviction cover the probation violation for the first?
2 Answers from Attorneys
To answer your last question first, it is unlikely that your punishment for the violation of the first DUI will be lumped together with the punishment of the second. The violation is a seperate, criminal violation and can be punished seperately. To answer your other question, you may be able to avoid jail time, it all depends on the circumstances and negotiations with the prosecution. Your best bet is to make sure the same attorney is representing you on the violation and the second DUI so they are fully informed.
Each case will probably be treated separately. The prosecutor and/or judge will not care much about your divorce. Perhaps the psychiatric treatment may help a little. But very little. You may be looking at mandatory jail time. This is all just opinion. Hire an attorney and try and beat the charge. Sheryl Shane, Attorney at Law. Web: www.sherylshanelaw.com.
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