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Tag Archives: restoration

SCRAM:  Before and After a DWI Conviction in Virginia?

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... Read More »

The DWI Exception to the Constitution is Alive & Well

There is no actual DWI exception to our Constitutional rights; however, DWI Attorney Lawrence Taylor popularized the term to describe numerous Supreme Court rulings that act as if there were. (See http://dwimanual.com/our-attorneys/what-motivates-us/ for more.) A number of DWI Attorneys have written excellent blogs about the Navarette case – but a previous Virginia case that was before the Supreme Court showed once again that the DWI Exception to the Constitution is alive and well. Harris v. Commonwealth of Virginia shared a ... Read More »

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »

Virginia’s New Policy for Restoration of Rights after Felony DUI

You can’t count on a lot in life – but one thing you can – DWI penalties always get tougher in Virginia.  So, it’s noteworthy when Virginia decides to give people convicted of a DUI a break.  This break comes from the Governor instead of from the General Assembly. If you were convicted of a felony DUI, it will be easier to get your rights restored to vote, hold office, and serve on a jury.  Additionally, this initial restoration is ... Read More »

Pennsylvania ARD License Suspensions for Out of State Drivers

Many times, clients wonder what will happen to their out of state license when their Pennsylvania driving privileges have been suspended once they are accepted into the accelerated rehabilitative disposition (ARD) program. The bottom line is that you will be able to continue driving in every other state, including your home state, except for Pennsylvania.  The question is, how do you know once you leave the courthouse after being accepted into ARD whether your suspension has begun seeing as though ... Read More »