City Of Richmond, Virginia — DWI Criminal Defense Lawyer Case Result

Driver charged with DWI 1st Offense, Refusal, and failing to drive on the right side of the highway was able to walk away from Court with no jail time.  The Refusal and failure to drive on the right side of the highway charges were nolle prossed.  The driver was also granted a restricted license to drive during the license suspension period imposed by the Court.

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.

Read more about the Refusal statute and penalties under the Virginia Code here: § 18.2-268.3. Refusal of tests; penalties; procedures (virginia.gov).

Read more about the DWI statute and penalties under the Virginia Code here:

§ 18.2-271.1. Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law (virginia.gov)