Arrested for DUI in Leesburg, Virginia? Here’s what you should know about the process of a driving under the influence charge. Call today to schedule a consultation with a Leesburg DUI lawyer.
If you’re charged with a DUI offense in the Town of Leesburg, your case will be typically handled by a Leesburg police officer. This means that they will make the initial stop and potentially the arrest.
However, the Town of Leesburg has concurrent jurisdiction with Loudoun County, meaning that a Loudoun County Sheriff’s Deputy may also be responsible for your case. If a Loudoun County Sheriff’s Deputy finds probable cause to make an arrest, you will be transported to the Loudoun County Adult Detention Center located off Sycolin Road near the Leesburg airport.
At that time, you will be taken to the breath room and a breath test will be administered. Following the breath test, you will go to a holding cell and wait to go to the magistrate. The magistrate sets the release bond in your case or orders you to be held without bond until a further determination is made by a judge.
Your bond motion, if necessary, will be heard at the Loudoun County General District Court, which is located at 18 East Market Street in the Town of Leesburg. The Loudoun County General District Court is the venue for all misdemeanor and traffic matters originating in Loudoun County and as well as those that originate in the Town of Leesburg.
In Leesburg, all DUI cases are heard in the Loudoun County General District court. This is the court of original jurisdiction for all adult misdemeanor cases. If you are a minor the case will be heard in the Loudoun County Juvenile and Domestic Relations District Court.
However, you have the absolute right to appeal any adverse finding in a misdemeanor case to the Loudoun County Circuit Court. All of these courts are located at the Loudoun County Courthouse. The address is 18 East Market Street, Leesburg, Virginia 20176. The Juvenile and Domestic Relations District Court and the General District Court are on the first floor, the Circuit Court is on the second floor.
From the date of your arrest to the date of adjudication for your offense, it will typically take a minimum of 90 days. This is because there’s a local rule in Loudoun County that dictates your first or initial court date is not your trial date.
This date is called an advisement or arraignment. It is used to ascertain what evidence must be presented by the Commonwealth, whether additional witnesses must be subpoenaed and to give your attorney a chance to negotiate with the Assistant Commonwealth’s Attorney to resolve the case.
If you appear on the initial date without an attorney, the court will inquire about your intention to hire an attorney and advise for about the seriousness of the charge or charges. The case is then set for trial. Contact an experienced Leesburg DUI attorney about the questions you have regarding scheduling.
If you believe that you may be charged with a DUI offense, it’s important to contact an attorney as soon as possible. If you have the ability to contact an attorney prior to speaking with law enforcement chance, I would recommend you do so. In the alternative, if you’re arrested and taken to the Loudoun County Adult Detention Center, you should contact an attorney as soon as you’re released.
An experienced Leesburg DUI attorney can speak with you about necessary steps to help preserve evidence and other potential defense that you may have for your case.
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