Chief Judge Gino Williams found suspended Virginia Tech football player Zach Luckett guilty today of driving while intoxicated and driving after a forfeiture of his license.
Williams sentenced Luckett to a 12-month jail sentence, with all but five days suspended. Luckett must also attend Virginia Alcohol Safety and Prevention classes and had his license suspended for one year. He will pay $500 in fines.
Luckett's attorney, Jimmy Turk, entered a plea of not guilty with stipulations.
Williams ruled in favor of Turk's motion that the charges be considered a first offense, as the New Jersey DUI statute under which Luckett was charged in May was dissimilar to its Virginia equivalent.
The New Jersey law stipulates that drunk driving is an act that is illegal per se. Laws that hold certain actions illegal per se stipulate that such actions cannot be explained or defended in terms of scienter, lack of knowledge of legal wrongdoing, for example. Judge Williams found that statue unconstitutional in Virginia.
In the police report Officer G.L. Thomas said that he stopped Luckett because he had struck a dumpster exiting a 7-Eleven parking lot. While finding the sophomore communication student "extremely cooperative", Luckett had a blood alcohol content of .16 percent.
Turk said Luckett had returned his vehicle to New Jersey and that he no longer had a vehicle in Virginia.
The prosecuting attorney said he felt there was sufficient evidence to convict and asked the judge to take into account Luckett's high BAC and that while Luckett's previous conviction was not applicable it had, in fact, occurred.
Williams sentenced Luckett to a suspended 90-day jail sentence and a $1,000 fine, $750 suspended, for driving after the forfeiture of his license. The Virginia Department of Motor Vehicles will determine any further license penalties.
Williams referred Luckett to VASAP, placing Luckett on probation by the court and given a restricted license after six months' compliance. Luckett will be ordered to report to the local ASAP office within 15 days as well as paying associated fees.
Williams also ordered Luckett to perform 100 hours of community service.
"You received a substantial break because the New Jersey statute is not comparable to the Virginia one," Williams said, "With two DUIs, if you come back with some other alcohol offense, expect to pull a lot of that 11 month, 25 day jail sentence."
Luckett will report to Montgomery County Jail Friday at 6 p.m.
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