Legal Question in DUI Law in Virginia

My fiance is facing a third offense DUI within ten years. My question is; the first offense occurred while a juvenile, on april 20,1999 her third offense occured on April 13, 2009, is this mere 7 days dismissable under a sort of grace period clause? Will it matter not that the alleged third offense is within days of expiring? These offenses happened in the State of Virginia. Thank you in advance for your answer!

Sincerely, Nichole Stacy


Asked on 10/06/09, 1:23 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, I know of no "grace period" that would apply to such a situation and the fact that the first offense occurred while your fiance was still a juvenile does not protect her from having this conviction counted as one of the three within the 10 year period. See Va. Code Sec. 18.2-270E.

Hopefully, your finace is represented by a competent criminal defense counsel who can answer any further questions regarding this unfortunate situation which either she or you may have.

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Answered on 10/11/09, 10:47 am


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