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Norfolk prosecutor appeals DUI conviction

Commonwealth’s Attorney Greg Underwood promptly appealed after being found guilty of driving under the influence and refusing a breath test at a Friday hearing.

General District Judge Gordon Vincent ordered a three-day jail sentence, according to The Virginian-Pilot.

Underwood’s attorney, state Sen. Thomas Norment, told the paper it was highly unusual to give someone active jail time for a first-offense DUI. Underwood pleaded nolo contendere to the DUI charge and pleaded not guilty to the other charges,

The charges stem from an Oct. 23 traffic stop in Norfolk. A state trooper testified Underwood’s speech was slurred and he seemed unstable on his feet.

On the DUI, the judge sentenced Underwood to 33 days in jail with all but three suspended. He imposed a $1,000 fine with $500 suspended and ordered participation in an alcohol safety program.

Vincent dismissed a charge of possession of a concealed weapon while intoxicated in a public place and reduced a charge of reckless driving in a work zone to improper driving, with a $50 fine.

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