TRAFFIC: What happens if I get a DUI in Virginia? *before trial*
If you get a DUI in Virginia the first date you’ll be given will be an arraignment court date. On this day you will go to court the Judge will read you your charges and tell you this is a very serious offense which can carry jail time. The Judge will then ask you if you’d like to see if you qualify for a court appointed attorney or hire an attorney. If you’d like the court to appoint one the Judge will then ask a series of questions to see if you are eligible. Once this is completed the Judge will have you sign to be back in court either on your actual trial date OR if you are hiring an attorney they may give you a date before your trial to check in and make sure you’ve hired someone before trial.
You will meet or speak with your attorney before court and they will have already gone to the prosecutors office and looked at your file. This process is called discovery. Your attorney will watch any dash cam/body cam videos and read all the police reports as well as read copies of your criminal and driving history. You will discuss the findings with your attorney then come up with a plan. Often at this stage the attorney MAY try and speak with the prosecutor for a plea deal. However, this is entirely dependent on the facts for instance if the facts and video show there was no probable cause for the video or you actually did well on the field sobriety tests no pleas will be worked out as you have a great fact pattern for dismissal of the charge. This will be very dependent on your facts.
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