Norfolk commonwealth's attorney to appeal DUI conviction

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by 13News Now

WVEC.com

Posted on April 25, 2014 at 8:41 AM

Updated Friday, Apr 25 at 11:31 PM

2:40 p.m. UPDATE: Greg Underwood was found guilty of DUI and ordered to pay a $500 fine and spend three days in jail, says 13News Now reporter Philip Townsend, who was in traffic court for Friday's trial. 
He was also found guilty of refusal of a breathalyzer and the judge suspended his license suspended for 1 year.
Underwood was found not guilty of concealed carry while intoxicated in public
A reckless driving charged was reduced to improper driving and he was ordered to pay a $50 fine.
His attorney says Underwood will appeal all rulings.
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4/25/14 UPDATE: Greg Underwood was silent as he walked into traffic court for his trial on a DWI charge.  It begins at 11 a.m.  13News is in the court for the case.
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10/25 UPDATE:  A trooper wrote in his report that Greg Underwood was slurring his speech, had a strong odor and was swaying and stumbling when he was pulled over on Oct. 23, according to court documents. 

See document here.

1:45pm UPDATE: Underwood's neighbors were surprised to hear of the charges. One said it was shocking because of his position as commonwealth's attorney. Another said that sometimes people make mistakes and it shouldn't be held against him.

10:30 a.m. UPDATE: The Office of the Norfolk Commonwealth's Attorney will release a statement at some point between noon and 4:00 p.m.

VIRGINIA BEACH -- Norfolk's commonwealth’s attorney has been arrested and charged with DWI.

Va. State Police pulled over Greg Underwood, who is the city's chief prosecutor, around 8:00 p.m. Wednesday.

Sgt. Michelle Anaya told WVEC.com that Underwood was "very cooperative" during the arrest that occurred on I-264 West at Brambleton Avenue in Norfolk.

"Trooper J.O. Ogden was in a safety work zone when he observed a 2008 Toyota 4 Runner driving through the work zone," Sgt. Anaya said in a news release.

Underwood, 58, is charged with under the influence while carrying a concealed weapon in public, DWI first offense and refusal to test, first offense.

He was taken to the Va. Beach City Jail and has since been released.

If the case would go to trial, a special prosecutor and judge would need to be brought in for the case, officials said.

Underwood was first elected to the job during a special election in March 2009 and was re-elected in November 2009 to a four-year term.  He is on the November 5 ballot, but he is running unopposed.

 

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