Frequently Asked Questions
Criminal defense
Can a DUI Charge Impact Your Privilege To Drive In DC?
If you have a DUI conviction in DC, your license can be suspended for up to 1 year as a first time offender or up to two years for a second or subsequent offense.
Can I face jail time if I had a child in the car when arrested for a DUI?
A person can face an enhancement of having a child in the vehicle while driving under influence and face 5 days per minor if convicted of a DUI. A person can face an additional 5 days if the minor was not properly restrained at the time.
Can I seal or expunge a DUI case in DC?
In DC, only DUI cases that ended in a dismissal are eligible to sealed four years after the dismissal date. DUI convictions can never be sealed in DC.
Do I have a right to a jury trial for a DUI in DC
First time offenders in DC are not entitled to a jury trial for a DUI because the maximum penalty is 180 days in jail.
How do I reinstate my license after a DUI conviction?
To reinstate your DC license or privilege to drive in DC after a DUI conviction, you must schedule a reinstatement hearing at DC DMV Adjudication Services when your revocation period has ended. At the hearing, you must show proof of completion of a state-approved traffic alcohol program, pay any outstanding fines or tickets, show proof of SR-22 high risk insurance, and pay a $98 reinstatement fee to be approved for reinstatement.
How long can your license be suspended or revoked for a DUI in the DC?
For a first-time DUI offender in DC, a person’s license or privilege to drive in DC can be revoked for 6 months. However, if a DUI offender refuses to take the breath, blood, or urine test, the DC DMV can revoke their license or privilege to drive in DC for one year.
How many points can you get from a DUI or OWI conviction on your DC driver’s license?
You will receive 12 points and your DC license will be automatically revoked for six months for first-time DUI or OWI convictions.
What can I be sentenced to for a 2nd DUI in DC?
The maximum penalty for a 2nd offender is 1 year and/or a fine of $2500-$500. There is a 10 day mandatory minimum jail sentence.
What is a DSA for a DUI in DC?
A DSA, Deferred Sentencing Agreement, is a diversion agreement that begins with a guilty plea by the defendant, but does not result in a conviction. The defendant can make a motion to the court to withdraw the guilty plea and dismiss charges if the agreed upon terms are successfully completed. If the defendant does not meet the terms of the agreement, then the defendant will be sentenced and convicted of a DUI.
Will my car insurance go up after a DUI conviction?
Insurance rates typically will increase if your insurance provider learns of a conviction for DUI.
Civil protection order
Can a person be charged with a crime if he violates a Civil Protection Order?
Yes. If you violate the terms of a CPO order, you can be charged with misdemeanor criminal contempt, which carries a sentence of 180 days in jail and/or $1,000 fine.
Can I still own a gun if a CPO is granted against me?
No. A person cannot own or possess a firearm during the time while the CPO order is in place.
How long do Civil Protection Orders last in DC?
If a Civil Protection Order is issued in DC, it can lasts for up to 2 years. The petitioner may file for an extension of the CPO prior to the expiration, but they need to prove to the judge that an extension is warranted.
What does it mean to consent without admission to a CPO?
If a CPO petition is filed against you, you can consent to a Civil Protection Order being granted without admitting to the allegations of the criminal offense you are accused of.
What is a Civil Protection Order?
A CPO can be granted by a court when a family member, romantic partner, or current roommate has committed or threatened to commit a criminal offense against an individual. If a CPO is granted, the person accused of committing the criminal offense must stay away and not threaten, harass, or stalk the individual for a period of two years.
What is a Temporary Protective Order?
A Temporary Protective Order can be granted by a judge after a CPO petition is filed and at the request of the petitioner if they believe they are immediately endangered by the respondent so the petitioner is protected before the CPO trial takes place. The TPO lasts 14 days and typically places restrictions on respondent like staying away and having no contact with the petitioner.
What is the difference between Civil Protection Orders and Anti-Stalking Orders (Restraining Order)?
An Anti-Stalking Order, often referred to as a restraining order, can be granted when a person stalked another person with at least one occasion of the course of conduct occurring within 90 days from the date of the petition. There does not need to be a known relationship between the parties like there needs to be for Civil Protection Orders.
Personal injury
Do I have a right to a trial in a personal injury car accident case in the District of Columbia?
Every plaintiff who files a complaint in a personal injury case has a right to a jury trial if the plaintiff can claim damages in excess of $30,000 in the District of Columbia.
How long does a car accident case take to settle?
Car accident cases generally can take several months before a settlement demand can be made. This is due to the time it takes for a plaintiff’s attorney to assemble all the documents, and for the plaintiff to continue and finish all medical treatment.
Is DC a no fault jurisdiction for car accident cases?
Updated on June 17th, 2022 at 02:54 pm
A party can elect recovery through no fault insurance in the District, but that party would then waive the right to file a complaint and pursue the matter in court.
What are considered damages in a personal injury car accident case?
Personal injury damages come from the following sources: 1) the costs of medical treatment and recovery, 2) the mental or emotional damages that come from the accident as well as the loss of quality of life activities, and 3) economic damages related to the loss of a job or ability earn in the future.
What is a deposition in a personal injury case?
Each party in a personal injury case has the right to take depositions of the other parties and of witnesses in a case. A party taking the deposition is allowed to question the deponent and the deponent must testify under oath in response to the questions.
What is contributory negligence in DC for car accident cases?
Contributory negligence is a defense in car accident cases. If the defendant can prove that a plaintiff was negligent, even to the slightest degree, then a plaintiff’s recovery can be barred entirely if the jury finds that a plaintiff was contributorily negligent.
What is mediation for a personal injury case?
Mediation occurs when the parties of the case present their settlement positions to an impartial third party who then attempts to bring both sides to a settlement agreement.
What is punitive damages in the District of Columbia?
Punitive damages are damages that are warded to a plaintiff due to gross, outrageous or malicious acts from the defendant. Punitive damages must be specifically pleaded in a complaint and must be proved at trial.
What is the standard of proof for a car accident or personal injury case in the district of columbia?
The standard of proof at trial for a personally injury case in the District of Columbia is the preponderance of the evidence.
What is the statute of limitation for car accident case in the District of Columbia?
The statute of limitations is a deadline for filing a complaint in the District of Columbia following an accident. The statute of limitations for car accident cases, which are usually filed under claims of negligence, is 3 years from the date of the accident.
Who do I sue if I get injured in a car accident case?
The driver of the at-fault vehicle would be the named defendant, but the driver’s insurance company would assume the defense in most circumstances and would be responsible for the payment of damages following a settlement or trial.
Who do I sue if I get injured in a car accident case?
The District of Columbia would be the named defendant in a sidewalk case if the District was responsible for maintenance and upkeep of the sidewalk where the accident occurred. If DC is not responsible for such upkeep, then the property owner at the sidewalk location of the incident would be the named defendant.
Expungement
Are felony convictions eligible to be sealed in DC?
No. The only felony conviction eligible to be sealed in DC is failure to appear.
Can a misdemeanor conviction be sealed in DC?
Yes, most misdemeanor convictions can be sealed in DC but you must wait 8 years from the termination of the case to be eligible for sealing. Some misdemeanor convictions can never be sealed liked DUIs, domestic violence, and fraud cases.
Can I seal more than one criminal case at a time?
Yes, if you want to seal multiple criminal cases you must file a motion to seal for all eligible cases at the same time. If you do not file for all your criminal cases in one motion, then your motion to seal will be denied and you will have to refile to include all eligible cases.
If my case has been sealed/expunged in DC, do I have to disclose the arrest on a job application?
You may still have to disclose the arrest on some job applications if you are asked directly about sealed the arrest. Typical entities where the arrest still may need to be disclosed are government agencies, law enforcement, and licensing boards. It is important to read the application carefully to make sure you are answering the direct question asked correctly.
If my criminal case was dismissed, can it be sealed from my record?
Yes, all misdemeanor cases are eligible to be sealed if the case was dismissed. In most cases, you can file for the case to be sealed in 2 years from the date of dismissal. However, you will have to wait 4 years to seal some cases like DUIs and domestic violence cases.
