DWI in Virginia for non-Virginia resident
My husband and I had a terrible argument and I said things to upset him. This in result, he went to his parents house, whom reside in Virginia. He had been drinking that late afternoon. He was pulled for speeding and very compliant with officer. Also, he had drove for @200 miles without being stopped. There was no weaving. He passed field test but blew .12 at the station. Charge: 1st offence DWI. Can we get a ''First offense election process'', beings he is a Delaware resident? Or could we transfer the hearing to Delaware? Also my husband is in a recovery program would that benifit him? Plus the jail house was real eye opener. Sitting in jail for nearly fourteen hours, no food, no water(suffered dehydration),had to sit on cynder block, no shoes, just t-shirt and pants and the conditions were cold in the first place had cold air blowing out of vent in holding cell. This just happen March 24. So he has learned a lesson none the less.
1 Answer from Attorneys
Re: DWI in Virginia for non-Virginia resident
None the less, in answer to your queries, there will be no "First offense election process" available to your husband(or its equivalent) nor transfer of this pending criminal matter to Delaware for Delaware authorities to deal with. And, if your husband is now in "rehab", that could be of some help at sentencing.
Your husband should engage the services of a Virginia defense counsel
(preferably one who practices in the Virginia traffic court which has jurisdiction over the matter) and who will endeavor to minimize the consequences of your husband's drunken drive through the Commonwealth.(Fortunately for him, since he's a first time offender and
blew a BAC less than .15, he should be able to avoid spending any further time in the lockup.)
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