Legal Question in DUI Law in Virginia

Probation Violation/DUI

If someone has gotten 4 DUIs and got 1 year for 4th one, and 1 year 6 months for the 3rd one,written up as a probation violation, what could they do to try and reduce the sentence for the probation violation? Also what are the chances of getting the sentence reduced? He has spent 7 months of the first year, for the 4th DUI in jail so far.


Asked on 2/14/07, 10:41 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Probation Violation/DUI

The defendant could write the judge who sentenced him for the probation violation and offer persuasive and compelling reasons as to why the judge should now consider reducing that sentence to something less than one year and six months.

One such reason might be that while he has been incarcerated, the defendant has taken advantage of an in-house substance abuse program(with emphasis on alcohol abuse) and has diligently attended all sessions of the program and completed whatever work that has been assigned to program participants and has a statement (or certificate) from the program director or coordinator to prove it.

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Answered on 2/14/07, 10:51 am


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