Legal Question in Traffic Law in Virginia

I was pulled over last night, arrested, and charged with a DWI-5413-M1. I only blew a .05 on the breathalyzer but I admitted to smoking a little pot before driving and I think that is why I was arrested. I submitted to a blood test. I was just wondering what kind of chances I have for them to drop the case or at least change it down to a speeding violation, (why I was originally pulled over) for driving 35 in a 25. I also want to know what kind of level of licence suspension I have while I'm waiting for my court date and if there is anyway to reverse it till then.


Asked on 2/17/16, 7:44 am

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

You case appears fairly convoluted, legally speaking, due in part to the possible contribution

of the marijuana to your alleged driving impairment, and you would therefore be well advised

(in my opinion) to engage the services of an appropriately experienced criminal defense counsel to

represent you in this matter.

Va Code Sec. 18.2-269 A (2) makes clear that a BAC (Blood Alcohol Content) test result of between 05 but less than .08 in the blood of the accused in no

way creates a presumption that s/he either WAS or WAS NOT under the influence of alcohol or

other drugs that rendered the accused legally impaired at the time of the offense.

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Answered on 2/18/16, 11:00 am


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