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  1. #1
    Join Date
    Jun 2017
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    1

    Default Will a Court Allow Alcohol Education Instead of Conviction for Public Intoxication

    My question involves criminal law for the state of: Virginia

    I recently received a Drunk in Public charge, I am guilty and have no problem paying the fine. However, how receptive are Judges and Prosecutors to voluntary ASAP(Alcohol Safety Action Program) and upon successful completion, charge be dismissed. I have a prior DUI from 3-4 years ago, but would like to not have another alcohol related charge on my record (in hiring process with local gov. job). ASAP would cost 4x the amount of the fine + court costs. I would gladly pay and take the courses to avoid a conviction. Am I shooting for the stars or do you think the court would be accepting of this proposal? If so, how do I proceed?

    Thanks

  2. #2
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Will a Court Allow Alcohol Education Instead of Conviction for Public Intoxicati

    Quote Quoting JohnDoe28
    View Post
    My question involves criminal law for the state of: Virginia

    I recently received a Drunk in Public charge, I am guilty and have no problem paying the fine. However, how receptive are Judges and Prosecutors to voluntary ASAP(Alcohol Safety Action Program) and upon successful completion, charge be dismissed. I have a prior DUI from 3-4 years ago, but would like to not have another alcohol related charge on my record (in hiring process with local gov. job). ASAP would cost 4x the amount of the fine + court costs. I would gladly pay and take the courses to avoid a conviction. Am I shooting for the stars or do you think the court would be accepting of this proposal? If so, how do I proceed?

    Thanks
    Plead not guilty and ask the prosecutor about any diversion programs.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will a Court Allow Alcohol Education Instead of Conviction for Public Intoxicati

    You can ask. It's pretty common in some of the jurisdictions that house college campuses.

  4. #4
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Will a Court Allow Alcohol Education Instead of Conviction for Public Intoxicati

    If you have no prior offenses the prosecutor will almost certainly offer you a contract for pre-trial diversion, and if you fulfill your end of the bargain your charge would be dismissed. This is not up to the judge. You will have to waive your right to a speedy trial. In my jurisdiction your prior DUI would disqualify you from pretrial diversion. In a neighboring jurisdiction you might qualify. So you'll have to talk to the prosecutor and see if s/he can offer that. If not, get a lawyer. The state would still have to prove their case against you, which they may or may not be able to do.

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