Dui probation violation in VA
I was arrested and convicted in Virginia of a DUI. It was my first time and I was ordered into the Alcohol Safety Action Program. I went into treatment for a couple of months and left, I'm now in a different treatment program because of a Maryland charge but may have a bench warrant for my arrest in Virgina. 1) Will the judge impose my suspended sentence even tho I'm now in other treatment 2)Will Virginia extradite me from Maryland or arrest me in Maryland on the Virginia bench warrant?
3 Answers from Attorneys
Re: Dui probation violation in VA
You have the Md. charge under control, I assume. Md treated you as a subsequent offender and you were still on probation in Va. You are clearly in violation in Va. One, because you violated the specific conditions of going thru the Va, program and two, for picking up the 2d charge. Normally. Va. won't come and pick you up. You would have to turn yourself in and get pretrial release. You may have a 3rd problem and that is Va. may have summonsed you and you FTA so a Bench Warrant is out. VoP is in itself a separate crime or offense and the Judge can take up THAT charge and forget what you were there for in the first instance. Good Luck.
Re: Dui probation violation in VA
You would be best advised to contact the attorney
in Virginia Beach (assuming that you had one)who
represented you down there on your first DWI charge as that person would be in the best position to answer reliably both of your questions.
Re: Dui probation violation in VA
If you had an attorney in Va and are pleased with their ability, then contact that attorney for this matter. You should obtain counsel in Va and my advice is to obtain someone who practices in the specific county where the charges lie in Va.
You may now have a warrant for your failure to appear warrant before Va courts. When personally in Va, you are subject to arrest on this basis alone as it is a separate charge. In Maryland, failure to appear is often coupled with a fine and I have seen Maryland judges issue up to $5,000 fines. I do not practice in Va and advise you seek an attorney in Virginia to assist you.
On the primary substantive matter, you are addressing your illness by being in treatment. If your treatment in Maryland is through a State certified facility, this should go a long way to address your matters in Virgina. However, the terms of the Virginia probation dictate over this matter. Frequency of your treatment, monitoring by was of urinalysis, reporting guidelines, and other relevant matters come to bear with whether your Maryland treatment will satisfy the underlying violations and the probationary term.
You should be prepared to hire a compentent Virgina attorney to pursue a transfer of probation to Maryland's Drinking Driver Program. This attorney is also needed to address any bench warrant that you have outstanding. Your personal appearance in Virginia is most probably required and a pre-trial release may be granted with posting of bond as you have proven your propensity to not appear.
Drinking and driving is a serions offense. You are in treatment and addressing your problem and this is to be commended. However, it will not provide lenity with failing to appear. You should address your matter with the Virginia courts as the uniform compact between the states on alcohol related driving violations may cause your license to be suspended and cause considerable motor vehicle adminstration issues that may ultimately cost you more in legal fees and fines than all of your court actions in Maryland and Virginia.
I am not licensed to practice in Virginia; however, if you require the assistance of a Maryland attorney, I am available to assist you.
G. Joseph Holthaus III
(410) 799-9002
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