Legal Question in Personal Injury in Virginia

A person gets 2 DUI's in New York State. Last one less than 5 years ago. Gets recent one in Virginia. Have not been to court yet. Can Virginia elevate charges to third DUI or would it be considered first DUI? Also is there not a Virginia law stating that court can not elevate charges if the person's home state's punishment is a lot different from Virginia's? For third Viginia-automatic 6 months in jail...up to 5 years, and confiscation of car among other fines and such...New York State-automatic 10 day jail term, 90 day community service..No confiscation of car...and of course a one year suspension of lic where Virginia is 5 years and then you can try to get them back..of course with New York as well there are other fines but these states are very different in laws on Dui. Any help would be appreciated.


Asked on 12/30/11, 6:25 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Pursuant to Va. Code Sec. 18.2-270 E, the prior DUI convictions in

New York should count as the equivalent of Virginia DUI convictions

for the purpose of determining appropriate punishment for the pending

Virginia DUI.

This statute should likely take precedence over any other

law that might be advanced to ameliorate the severity of the punishment

for a defendant in the situation described (in my opinion).

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Answered on 12/30/11, 6:47 am


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