Greensville County, Virginia — DUI Criminal Defense Attorney Case Result
Driver arrested for DUI 1st offense with a heightened BAC (blood test indicated BAC level was .15) and was also charged with Refusal. Driver walked away from Court with no jail time. Refusal charge was nolle prossed and DUI 1st conviction was for a normal BAC (not heightened).
Heightened BAC (.15-.20 BAC) – would have resulted in a mandatory minimum 5-day jail sentence if the client was found guilty.
Read more about the penalties for driving while intoxicated and a heightened BAC under the Virginia Code here: § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (virginia.gov)
Read more about a Refusal charge and penalties under the Virginia Code here: § 18.2-268.3. Refusal of tests; penalties; procedures (virginia.gov).
Nolle Prossed – In Virginia law, “nolle prossed” or “nolle prosequi” is a term used to indicate that the Commonwealth of Virginia has chosen not to proceed with prosecuting a criminal case. It can be used when the prosecution believes that there is not enough evidence to secure a conviction, or when the prosecution has decided to focus on other cases instead. It is typically used when the prosecution believes that there is not enough evidence to secure a conviction, or when the prosecution has decided to focus on other cases. The effect of a nolle prosequi is to dismiss the charges against the defendant, but the prosecution retains the right to bring the charges again at a later date. However, after the statute of limitations on the “nolle prossed” charge has passed, the prosecution no longer retains the right to bring the charge again. Under such circumstances, a nolle prossed charge effectively operates as a dismissal.