Legal Corruption in the heart of Virginia (HIT&RUN/DUI)

reply to post by Hopechest


Here is the law in your state gurley for someone over a .15.

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20.

2. 0.20 or more.

B. A person who is convicted of a violation of this section is guilty of driving or being in actual physical control of a vehicle while under the extreme influence of intoxicating liquor.

C. At the arraignment, the court shall inform the defendant that the defendant may request a trial by jury and that the request, if made, shall be granted.

D. A person who is convicted of a violation of this section:

1. Shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served if the person is convicted of a violation of subsection A, paragraph 1 of this section. A person who is convicted of a violation of subsection A, paragraph 2 of this section shall be sentenced to serve not less than forty-five consecutive days in jail and is not eligible for probation or suspension of execution of sentence unless the entire sentence is served.

2. Shall pay a fine of not less than two hundred fifty dollars, except that a person who is convicted of a violation of subsection A, paragraph 2 of this section shall pay a fine of not less than five hundred dollars. The fine prescribed in this paragraph and any assessments, restitution and incarceration costs shall be paid before the assessment prescribed in paragraph 3 of this subsection.

3. Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant to this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by section 28-1304.

4. May be ordered by a court to perform community restitution.

5. Shall be required by the department, on receipt of the report of conviction, to equip any motor vehicle the person operates with a certified ignition interlock device pursuant to section 28-3319. In addition, the court may order the person to equip any motor vehicle the person operates with a certified ignition interlock device for more than twelve months beginning on the date of reinstatement of the person's driving privilege following a suspension or revocation or on the date of the department's receipt of the report of conviction, whichever occurs later. The person who operates a motor vehicle with a certified ignition interlock device under this paragraph shall comply with article 5 of this chapter.

6. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

7. Shall pay an additional assessment of one thousand dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

E. If within a period of eighty-four months a person is convicted of a second violation of this section or is convicted of a violation of this section and has previously been convicted of a violation of section 28-1381 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of this section or section 28-1381 or 28-1383, the person:

1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty days of which shall be served consecutively,

Originally posted by LucidFusion
reply to post by Hopechest

 

Not quite....

legal limit is .08 for 21 up, .02 under 21, and .04 for Commercial Drivers.

Ahhh....put me at .09 then I guess.

Whatever it was....beyond stupid.

reply to post by GrantedBail


****Yawn*****

Still waiting on proof that he got off because of some connection and not the judges discretion at the moment.

reply to post by Hopechest


Well if you can't see the corruption in this then I dot know how else to spell it out for you.

reply to post by GrantedBail


Here in VA one does not even have to be operating the vehicle. Just sitting in the drivers seat with the keys in the ignition, whether the engine is running or not, is enough to be arrested and charged if your BAC is high enough.

Originally posted by LucidFusion
reply to post by Hopechest

 

Well if you can't see the corruption in this then I dot know how else to spell it out for you.

Here's how we would do it in the real world.

We would look at the judges record and compare all the previous cases of similar incidents and look at the judgement that was given.

We would then compare it to what this man received.

We would also interview the judge to find out his reasoning as well as the individual and arresting officers to determine all the circumstances.

We would then be able to make a decision based off empirical evidence whether this judge gave out favorable treatment.

Has anyone here done any of that or are you all just jumping to conclusions?

reply to post by Hopechest


The proof is in the story. Read it again. Try to use a little common sense. Unfortunately at this point I'm not sure you would be able to see the truth if even if it had been you he hit, and left.

reply to post by Hopechest


You are just an attention grabber aren't you? What mommie and daddy don't give you enough at home? You don't see it cuz you won't see it and you are playing games.

Night night sweetheart. Don't let the bedbugs bite.

reply to post by LucidFusion


I'm afraid that no matter how many times you say it, it's still not going to sink in.
Hopefully, the empty box will come back and read this thread when she gets another DUI and she'll see what an immature brat she sounds like.
I don't care how lucky someone believes they are, luck always runs out eventually.

reply to post by Afterthought


Here A DUI stays on your Record INDEFINATELY

reply to post by Afterthought


The real lucky person in this story is the person this Creep hit, along with every other motorist who was on the road that night.

Originally posted by LucidFusion
reply to post by Afterthought

 

The real lucky person in this story is the person this Creep hit, along with every other motorist who was on the road that night.

Right on!

The Irony of this is, his uncle Chief Deputy Commonwealth Attorney Colin Stolle Just this January claimed that cracking down on DUIs would be his top priority. He was quoted as saying, "DUIs are a problem and it affects everybody and we as a community have to make a stand"

Hows that working out for you, Colin?

criminal case info


I was wondering if the Commonwealth has a system in which you can track every single arrest through the entire court process all the way to the final disposition of the case.

Like this young woman who need to find another hobby other than shoplifting-which she appears not to be very good at.

If it does can you post the original arrest and booking information. I might want to have someone look into to this.

reply to post by spooky24


Not sure really. But if that kind of info is out there, chances are you can find it online, if you're willing to do a lot of digging. Unless the records are sealed I'd imagine they would be available somewhere.

And I agree, She doesn't really seem to have a knack for thievery.

reply to post by Hopechest


Here's to you. Not everyone is fortunate in that way. I wasn't.

reply to post by spooky24


Found our local court web page with the basic case info. This link will take you to the search results for his last name, from there you should be able to click the link for each specific entry for him.

epwsgdp1.courts.state.va.us...