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Spotsylvania man gets 12th DWI conviction
By KEITH EPPS
A Spotsylvania man with 11 verified prior convictions for driving while intoxicated was convicted of a 12th Tuesday.
Apraham
In exchange for his guilty pleas, prosecutor Tom Shaia dropped a felony eluding charge.
Apraham will face a maximum penalty of seven years in prison when he is sentenced Nov. 6.
According to the terms of a plea agreement, Apraham’s first DUI conviction came in April 1990 in Mississippi. He later had five more in Mississippi, three in Alabama and now three in Virginia.
The other Virginia convictions were in Williamsburg in 2008 and Colonial Heights in February of this year.
Shaia said police learned that Apraham is also wanted in North Carolina and the state of Washington on DUI charges there.
Those warrants were issued in 2007 and 2010. He is also wanted on a misdemeanor charge in Alaska and in Mississippi and Alabama for violating court orders.
The Spotsylvania incident occurred late Nov. 24 in the Four Mile Fork area. Deputy Jason Morris saw Apraham stumbling around a BMW dealership before getting into a maroon pickup truck, court records state.
Morris saw the driver swerve well over a double yellow line three times. Court records state Apraham increased his speed after the deputy activated his emergency lights before finally turning into a parking lot, barely missing the curb.
Apraham was handcuffed after he lost his balance while walking toward Morris with his arms extended. He told the deputy that he’d had four to five beers about four to five hours earlier.
He refused to take a breath test, but smelled strongly of alcohol, the plea agreement states.
Apraham is being held without bond in the Rappahannock Regional Jail pending sentencing.
Here is the plea agreement from Spotsylvania case:
VIRGINIA:
IN THE CIRCUIT COURT OF SPOTSYLVANIA COUNTY
COMMONWEALTH OF VIRGINIA
v.
David Marion Apraham, Defendant
DOB: December 28, 1967
SS:
PLEA AGREEMENT
1. My name is David Marion Apraham and my age is 44 years.
2. I am represented by counsel whose name is Jenna Nacht, Esquire, and I am satisfied with his/her services as an attorney.
3. I have received a copy of the warrant(s) or indictment(s) before being called upon to plea, and I have read and discussed it with my attorney, and I fully understand the charges against me in this case. I am the person named in the indictment. I have told my attorney all the facts and circumstances, as known to me, concerning the case against me. My attorney has discussed with me the nature of the charge, has explained to me the elements of the offense, and has advised me as to any possible defense I might have in this case. I have had ample time to discuss the case and all possible defenses with my attorney. The Commonwealth has disclosed all pertinent Discovery / Brady materials, which I have reviewed with my attorney.
4. STIPULATION OF FACTS: I agree to the following summary of the Commonwealth’s evidence against me (which I stipulate can all be proven by the Commonwealth) in the foregoing case, and I request that the Court accept this summary in lieu of presentation of any evidence by the Commonwealth. I further stipulate that the Commonwealth’s evidence constitutes a prima facie case in the instance of the crime with which I am charged.
SUMMARY:
On or about November 24, 2011, the defendant was observed operating a motor vehicle on the public highways located in Spotsylvania County by Deputy Jason Morris, who is employed by the Spotsylvania County Sheriff’s Department, was in full uniform, and was operating a marked patrol unit. At approximately 12:05 a.m., the Deputy observed a person, later identified to be the defendant, walking around the BMW dealership lot. He observed the defendant stumbling several times while walking, and then saw the defendant enter a maroon pickup truck and begin driving. The defendant drove out onto the public highways. The Deputy continued to observe the defendant’s driving and saw the defendant swerve over the double yellow lines 3 times by a margin of several feet. The defendant increased his speed and the Deputy put on his lights indicating to the defendant to pull over. The defendant increased his speed and then turned into a parking lot, almost striking the curb. The defendant parked the vehicle.
At 12:08 a.m., the Deputy parked his vehicle and began to approach the defendant’s vehicle, when the defendant got out of the vehicle and began walking towards the Deputy. The Deputy asked the defendant to go back to the vehicle, the defendant did not comply and, instead, put his hands out in a manner to indicate that he was being arrested. The Deputy did put handcuffs on the defendant, for safety purposes at that point. The defendant’s information was checked and he was found to be wanted for non-appearance in Colonial Heights, Virginia, for failure to appear.
At the time the Deputy placed handcuffs on the defendant, the Deputy noticed that the defendant: had a strong odor of alcohol about his person; his eyes were red, glossy, and bloodshot; his speech was slurred; and he had a hard time maintaining his balance. The Deputy asked the defendant if he had anything to drink, and the defendant replied that he drank about 4 to 5 beers about 4 to 5 hours prior to the stop. The defendant stated that he had 2 cans of Coors beer, 2 bottles of beer, and one more after that. The defendant refused all field sobriety tests. A preliminary breath test was available and offered to the defendant. The defendant was placed under arrest at 12:18 a.m. The defendant refused to take a breath test after arrest.
Attached to and made a part of this agreement are copies of prior convictions for Driving Under the Influence, and the Court has the originals attached to the Commonwealth’s Motion In Limine to Introduce Defendant’s Prior DUI Convictions During the Guilt Phase of Trial. The priors are:
Offense date of December 22, 2007 and conviction date of April 17, 2008, for Driving Under the Influence as a 2nd offense in 5 years from Williamsburg, Virginia.
Offense date of July 30, 2011 and conviction date of February 14, 2012, for Driving Under the Influence as a 2nd offense in 10 years, from Colonial Heights, Virginia.
Attached to and made a part of this agreement, is a copy of the Department of Motor Vehicles record for the defendant, and the Court has the original attached to the Commonwealth’s Motion In Limine to Introduce Defendant’s Department of Motor Vehicle Record During the Guilt Phase of the Trial. The record proves that the defendant’s privilege to operate a vehicle in the Commonwealth of Virginia was suspended pursuant to §46.2-391.2, effective on July 30, 2011.
Attached to and made a part of this agreement are copies of the following convictions, and the Court has the originals attached to the Commonwealth’s Motion In Limine to Introduce Defendant’s Prior Convictions During the Sentencing Phase of Trial:
May 8, 2009, the defendant was found guilty to Felony Driving Under the Influence in Mississippi, with the offense date of June 16, 2007.
On March 6, 2009, the defendant was found guilty of Driving Under the Influence in Alabama, with the offense date of January 27, 2009.
On October 6, 2006, the defendant was found guilty of Driving Under the Influence in Mississippi.
On June 17, 2002, the defendant was found guilty of Driving Under the Influence in Mississippi, with the offense date of June 16, 2002.
On January 10, 2000, the defendant was found guilty of Driving Under the Influence in Mississippi, with an offense date of December 24, 1999.
On September 18, 1997, the defendant was found guilty of Driving Under the Influence in Alabama, with an offense date of April 26, 1997.
On March 19, 1997, the defendant was found guilty of Driving Under the Influence in Mississippi.
On April 7, 1994, the defendant was found guilty of Driving Under the Influence in Alabama, with an offense date of November 10, 1993.
On April 8, 1990, the defendant was found guilty of Driving Under the Influence in Mississippi.
These priors are attached for both sentencing purposes and to allow the Commonwealth to request the Court to continue to hold the defendant without bond pending sentencing. Further evidence for the defendant to be held without bond include:
The defendant is wanted in the Mobile Municipal Court for failure to complete his sentence. A warrant for his arrest was issued on April 15, 2002 and has not yet been served on the defendant.
The defendant is wanted in the Superior Court for the State of Alaska at Unalaska for an unserved warrant for a misdemeanor offense of Criminal Negligent Burning and Criminal Trespass in the Second Degree.
The defendant is wanted for failure to comply with his sentence in the Circuit Court for the State of Mississippi, Jackson County, and a warrant has been issued for his arrest on December 14, 2011.
The defendant is wanted in North Carolina, Wake District Court for the charge of Driving Under the Influence, issued on October 2, 2010.
The defendant is wanted in Buckley Municipal Court in the state of Washington, for a Driving Under the Influence charge, and the warrant for his arrest was originally issued on October 18, 2007.
Finally, there are other criminal convictions that may become known to the Court at the sentencing hearing.
My attorney has advised me that the offense charges, as follows:
Felony Driving Under the Influence as a 3rd offense within 5 years in violation of §§18.2-266 and 18.2-270.
Punishment: Imprisonment for 1 to 5 years or in jail for up to 12 months and a fine of not more than $2,500.00, either or both.
Felony Eluding in violation of §46.2-817(B).
Punishment: Imprisonment for 1 to 5 years or in jail for up to 12 months and a fine of not more than $2,500.00, either or both.
Driving in violation to an administrative suspension issued pursuant to §46.2-391.2, in violation of §18.2-272.
Punishment: In jail for up to 12 months and a fine of not more than $2,500.00, either or both.
Refusal to take a Breath Test, after having two convictions for a violation of §18.2-266, in violation of §§18.2-268.2 and 18.2-268.3.
Punishment: In jail for up to 12 months and a fine of not more than $2,500.00, either or both.
6. I understand that I may, if I so choose, plead “not guilty” to any charge against me, and that if I do plead “not guilty” the Constitution guarantees me (a) the right to a speedy and public trial by jury; (b) the process of the Court to compel the production of any evidence and attendance of witnesses in my behalf; (c) the right to have the assistance of a lawyer at all stages of the proceedings; (d) the right against self-incrimination; and (e) the right to be confronted by my accuser.
7. I understand that by pleading guilty I waive my right to an appeal and that I am admitting that I committed the offense(s) as charged and that the only issue to be decided by the Court is punishment. I further understand that I am waiving my right to a pre-sentence report. I further understand that if I am not a U.S. citizen this plea / conviction could have an adverse effect upon my immigration status in the United States.
8. I understand that the Commonwealth’s Attorney has agreed to recommend to the Court the following:
Upon the defendant’s guilty plea to the charge(s) listed in paragraph 5, with the exception to the charge of Felony Eluding, the Commonwealth and the defendant agree to request a presentence report to be completed and sentencing to be set on another date.
Upon the defendant’s plea of guilty to the charges stated in paragraph A, and the acceptance of the plea by the Court, the Commonwealth will move to nolle prosse the Felony Eluding charge.
The Commonwealth and the defendant agree that the sentence, when issued by the Court on a date determined by the Court, must include the following conditions:
the defendant shall be ordered to pay a fine of not less than $1,000.00 nor more than $2,500.00 for the Felony Driving Under the Influence as a 3rd Offense within 5 years;
the defendant shall be ordered to pay $50.00 to the Trauma Fund, for the Felony Driving Under the Influence as a 3rd Offense within 5 years;
the defendant shall be ordered to pay costs of court as ordered by the Court;
the defendant’s privilege to operate a motor vehicle in the Commonwealth shall be suspended for an indefinite period and until restored by a Court of competent jurisdiction pursuant to §46.2-391 of the Code of Virginia, and the Order of this Court for the Felony Driving Under the Influence as a 3rd Offense within 5 years;
the defendant’s privilege to operate a motor vehicle in the Commonwealth shall be suspended for a period of 3 years pursuant to §18.2-268.3 of the Code of Virginia for the Refusal violation.
As a condition of the defendant’s sentence, the defendant shall forthwith give a biological sample for DNA analysis, pursuant to Virginia Code Section 19.2-10.2, et. seq., and shall cooperate fully in such procedure.
9. I understand that the Court may or may not follow the Commonwealth’s Attorney’s recommendation and may accept or reject this plea agreement. I understand that if the Court rejects this agreement, I will be permitted to withdraw my plea of guilty if I so desire, and if I do not withdraw my guilty plea neither side is bound by this agreement and the Court may impose any sentence within the limits set forth in Paragraph 5, which disposition may be less favorable to me than is contained in this agreement.
10. I declare no officer or employee of the State or County or Commonwealth’s Attorney’s office, or anyone else, has made any promise to me except as contained in this agreement.
11. After having discussed the matter with my attorney, I do freely and voluntarily plead guilty to the offense(s) of Felony Driving Under the Influence as a 3rd offense within 5 years, Driving in violation to an administrative suspension issued pursuant to §46.2-391.2, and Refusal to take a Breath Test, after having two convictions for a violation of §18.2-266, and waive my right to a trial by jury and request the Court to hear all matters of law and fact.
Signed by me in the presence of my attorney on this ______ day of _______________________, 201__.
_____________________________________
Defendant
CERTIFICATE OF DEFENDANT’S COUNSEL
The undersigned attorney for the above-named defendant, after having made a thorough investigation of the facts relating to this case, do certify that I have explained to the defendant the elements of the charges in this case; and that the defendant’s plea of guilty is voluntarily and understandingly made.
_____________________________________
Counsel for the defendant
CERTIFICATE OF COMMONWEALTH’S ATTORNEY
The above accords with my understanding of the facts in this case, and I further certify that, when applicable upon the written request of the victim, I have consulted with such victim(s) and I have notified him/her of the right to be present at this hearing (unless an exception is marked below), pursuant to Section 19.2-11.01 of the Code of Virginia.
COMMONWEALTH OF VIRGINIA
By___________________________________
Deputy Commonwealth’s Attorney
The Court, being of the opinion that the plea of guilty and waiver of jury trial are voluntarily made, and that the defendant understands the nature of the charges and the consequences of said plea of guilty, doth accept the same and concur therewith.
Filed and made a part of record this ______ day of _________________________, 201__.
_____________________________________
Judge
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