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Virginia Man Assaults Police Officer During Drunk Driving Incident

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A man from Falls Church, Virginia, now faces criminal charges for driving under the influence (DUI) and assault and battery against a police officer, according to an article by the Loudoun Times-Mirror.

This incident occurred at approximately 12:47 a.m. on Saturday, September 7th. That is when the Loudoun County Sheriff’s deputies arrived at a parking lot near the 47100 block of Community Plaza. The deputies observed that the Falls Church man had fallen asleep behind the wheel of a running vehicle.

The sheriff’s deputies suspected that the Falls Church man was intoxicated and attempted to arrest him. But the man resisted and tried to run away. The Falls Church man assaulted one of the deputies during the eventual arrest.

As a result of this incident, the Falls Church man faces criminal charges for assault and battery against a police officer, DUI, and several other charges. He was released on a $5,000 bond from the Loudoun County Adult Detention Center. But the Falls Church man will need to appear for a scheduled court date as his legal case plays out.

To comprehend the severity of the charges against the Falls Church man, it seems appropriate to review Virginia penalties for DUI and assault and battery against a police officer.

Driving Under the Influence (DUI)

Code of Virginia Section 18.2-270 establishes the penalties for driving under the influence of alcohol, drugs, or a combination of both. Any person who commits a DUI in Virginia is ordinarily guilty of a Class 1 misdemeanor. The typical punishment includes a maximum of one year in county jail and $2,500 in criminal fines.

Outside of the standard penalties, Section 18.2-270 also provides certain mandatory minimums for drivers with elevated blood-alcohol concentration (BAC) levels. If a DUI offender registers a BAC between 0.15 and 0.20, they must spend at least five days in jail. And if a DUI offender registers a BAC above 0.20, they must spend at least 10 days in jail.

Furthermore, any person convicted of DUI is also subject to driver’s license suspension or revocation under Code of Virginia Section 18.2-271. Though the applicable suspension or revocation period can change based on the circumstances of the DUI offense in question.

Assault & Battery of a Police Officer

Under Code of Virginia Section 18.2-57, there separate penalties for assault and battery against certain public officials engaged in the performance of their official duties. Specifically, Section 18.2-57 includes the following public officials:

  • Police officers;
  • Judges;
  • Correctional officers;
  • Prison employees;
  • Juvenile justice employees;
  • Firefighters;
  • Volunteer firefighters; and
  • Emergency medical services personnel.

If a person commits assault and battery while knowing — or having a reason to know — that the victim is one of the public officials above, it is a Class 6 felony under Virginia law. Upon conviction for this offense, the punishment includes a prison sentence between one and five years and up to $2,500 in criminal fines.

Let Us Help You Today

If you need legal help with criminal charges for DUI or assault and battery in Virginia, it can be thoroughly constructive to speak with a credentialed attorney. The Leesburg drunk driving attorneys at Simms Showers LLP have proven experience in the field of criminal defense in Virginia, including charges for DUI and assault and battery. If you need legal assistance with criminal defense, contact us today for a free initial consultation.

Resource:

loudountimes.com/news/falls-church-man-charged-with-dwi-assault-on-law-enforcement/article_cb94cbd4-d345-11e9-a4e7-a302514054a8.html

https://www.simmsshowerslaw.com/drunk-driver-pleads-guilty-to-involuntary-manslaughter-in-virginia/

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