Posted on 10/20/2012 6:38:19 PM PDT by yankee turned redneck
So If I get drunk at a bar and wisely chose to walk home, I may subject to arrest?
Did he pass the sobriety test?
Sounds like a done deal to me.
First, how old is he?? 2nd....wake up....it was 2 o'clock in the morning !!!
Virginia Law:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-392.2
“...if the petitioner has no prior criminal record and the arrest was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement.”
Yeah, he should see a lawyer.
I’m not a lawyer... so
Did the cop see him with a beer in hand? Was he lolling back and forth? Did he just projectile vomit against a restaurant window? Did he just urinate on a hydrant? Did he yell over to friends that he couldn’t believe he was standing after 7 Jack and Cokes?
Get a lawyer and enough money together and you can get nearly anything erased. A simple PD is no big deal. Save your money and let the kid grow up and don’t do it again
Thank you that is what I was looking for.
Well, you've come to the right place.
Let me go get some popcorn popping first, though. Don't start without me.
I believe that is just for arrests, NOT convictions.
But he should see a lawyer, which I am not.
Shouldn’t be but $50 or so to find out.
So If I get drunk at a bar and wisely chose to walk home, I may subject to arrest?
Yes. Drunk people have been known to stagger into traffic and get themselves killed and cause other mayhem. LEO judgment involved of course. Of course, the economy is bad, and revenue is short. So, be careful out there.
Not going to happen in Virginia, sorry. The Virginia law cited by an earlier poster only applies if the defendant was acquitted or nolled. Virginia is very strict about expungements, and generally speaking once a plea has been taken it’s highly unlikely to be undone. His only realistic option is to wait five years, not get into any trouble and pay his taxes, and then apply to the governor for a pardon. This will not erase his record, but whenever he has to reveal the conviction he can then immediately show them a gubernatorial pardon to lighten the blow.
He did nothing to be subject for a check.
That’s why I said to him why pay the fine an not get a PD to give a fight. Thanks
Let me go get some popcorn popping first, though. Don’t start without me
LOL...... I just finished a bag. A couple of minutes in the microwave and I enjoyed it while following this thread. Saturday night, this thread and a bag of popcorn thus it doesn’t take much for entertainment. LOL.
P.S. He is 22 and was walking in Harrisonburgh, VA
You night get more usable advice here if you discussed WHY the matter has come up.
An employment, military, or school complication?
After all, if he stays out of trouble for a while this won’t be significant to anyone. It’s just one of the stupid things kids do.
I don’t suppose the kid’s alias is Tater Salad?
My advice to my son would go like this, if I were in your place:
“You were walking around drunk, you got arrested, and you now want my help to get you out of it somehow? No, I’m not going to do that. You’re a grown man now, and you will bear the consequences of your actions yourself. You reap what you sow- and right now, you’ve planted kudzu.”
Well, since you were there and saw it....
I was going to tell you $10,000 to a good lawyer might get the problem solved. But I see that you are in California, so better make that $20K for a good lawyer.
Or save your money and tell your son to quit stumbling around drunk after midnight. At least he wasn't driving - that would have put him in a world of hurt these days.
If there was no evidence of your son being drunk under the legal definition of the term in Virginia, then there was no basis for the charge.
However, if your son has pled guilty, and by paying the fine he admitted guilt, then there really isn't a great deal that can be done to my knowledge. Virginia can be sort of hardassed about certain things. I know hiring a lawyer to get a speeding ticket reduced is far more difficult, as is getting something expunged.
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