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Fredericksburg Alternative DUI Sentencing

In any criminal case, it is not up to the defense to prove anything, but up to the prosecution to prove each element beyond a reasonable doubt. In attacking those elements, DUI lawyers are looking at challenging their evidence. They are looking at any weaknesses that any piece of their case may have.

In addition, a very important piece of representation is guiding the person through what can be an intimidating and complicated process. A Fredericksburg DUI lawyer is going to assist the person at every point in the representation and help the person understand what is going to happen, what their best options are, and what counseling options are available.

Probation Before Judgement

Probation before judgment is not an option in Virginia or in Fredericksburg. That is something that exists in other states that will allow people to have a dismissal of a first offense. However, in Virginia that is something that does not exist.

Because of that, it can be important in many cases for effective negotiations in advance of a DUI case to help reduce the charge or to lighten the impact of what the penalties may be.

Deferred Sentencing

Deferred sentencing or deferred disposition is something that the courts have the power to do in any case. However, it is not something that they often choose to do in DUI cases.

DUIs are treated very seriously in Virginia. It is extremely unusual to see a deferred disposition, which is another reason why it is important to have experienced counsel ready to try the person’s case or to effectively negotiate a plea agreement that is going to be favorable to the client.

Alcohol Monitoring Devices

The primary alcohol monitoring device that is used in a DUI case is called an Ignition Interlock System (IIS). It is intended for use by any person who gets a restricted license.

After a person’s license has been suspended, the IIS must be installed on their vehicle for a period of at least six months. It is going to have to be utilized anytime the person wants to start the car, and can also require usage when the person is driving down the road. If the driver blows over a certain amount of alcohol or refuses to take the test, the engine will stop.

In the context of a negotiation, it is important to understand that this is a requirement for any DUI conviction. To avoid it, the charge must either be negotiated down to a reckless driving or the person must try their case and prevail at trial.

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