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Is there a way to have reversed a guilty charge (I paid a fine by mail) for DIP (not drunk; .001) in Loudoun County, VA?
Anonymous8 views5 answers
i was at a vineyard in loudoun county, va, sitting at a table on the deck with 3 others; went to the bathroom; two policemen were standing at the door to the deck as I came outside. A third policeman was at the end of the walkway holding back the many people on the deck. I, alone, was arrested, taken to the police car; policeman took my purse. I was driven to jail. My breath test was a reading of .001 ... two officers saw the reading and i asked them to show it to me. I paid the fine. Now I understand I am guilty by paying. Never ever had police problem before.
Faraji Allen RosenthallCriminal Defense AttorneyFairfax, VA ·
It depends on how long ago you paid the ticket. If your court date has not yet come up, the clerk may allow you to change your plea. Or you may be able to appeal the guilty finding. You should talk to the clerks office and/or local counsel to review the timing of your specific case.
First, let me say that I am shocked and disappointed that the police were at the winery like you describe. They usually avoid these type of scenes, unless someone is unruly or dangerous. Were you charges under Virginia Code Section 4.1-308? There is an exception when you drink "in any rooms or areas approved by the [ABC] Board in a licensed establishment, provided such establishment or the person who operates the same is licensed to sell alcoholic beverages at retail for on-premises consumption and the alcoholic beverages drunk or offered were purchased therein." However, if you pre-paid the summons and the court date is not past, you can likely appear on the court date and withdraw your plea. If more than 10 days have past since your court date, you are likely stuck with a conviction - a Class 4 misdemeanor under the Code section above.
You may be able to still appeal the case. Contact the clerk's office immediately and ask about posting an appeal. If the clerk's office does not allow you to appeal, ask them about filing a Motion for Reconsideration. This may be your only recourse to get a fresh hearing. Drunk in Public is a Class 4 misdemeanor, punishable by only a fine. But it is a misdemeanor charge and goes on your permanent criminal record.
Has the court date passed? Are you within 60 days of your court date? What was explained to you when you were issued the Summons? Did you know this would result in a guilty finding?
The entire scenario as you have outlined stinks. Why were the police there in the first place? Had there been trouble?
You may be able to withdraw the plea, but these questions should be addressed. Good luck.
This is going to depend on when you paid the fine and when was your original court date. Tradionally, prepayment of a fine is an admission of guilt. The clerk enters the finding of guilt on your scheduled court date. You have 10 days from that date to appeal the case to the Loudoun County Circuit Court. Another option is for you to file a Motion to Rehear/Reopen the case which has to be done within 60 days of the date the finding of guilt was entered.
If all of those time periods have expired, you are stuck with the conviction. Good Luck.
