City Of Colonial Heights, Virginia — DWI Criminal Defense Lawyer Case Result

Driver charged with DWI 1st offense and Refusal walked away from Court with no jail time and was granted a restricted license to drive during the license suspension period imposed by the Court.  The Refusal charge was nolle prossed.

 

Read more about DWI charges under the Virginia Code here: § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc (virginia.gov).

 

Read more about Refusal charges 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.