May 25, 2021

Commonwealth v. Carter Andrew Womick; Max Sentence in Probation Violation for Man Caught Driving Drunk after DUI Maiming Conviction

​Virginia Beach, Va. – Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced that Carter Andrew Womick, age 28, formerly of the 4400 block of Revere Drive in Virginia Beach, Virginia, was sentenced today by Circuit Court Judge James C. Lewis for charges of DUI – Prior DUI Maiming and two (2) Violation of Probation charges. Judge Lewis sentenced Womick to a total of thirteen (13) years and eleven (11) months with two (2) years and nine (9) months suspended, leaving eleven (11) years and two (2) months to serve.

Of this sentence, two (2) years and three (3) months is for the charge of DUI-Prior DUI Maiming, which is the high-end of the recommendation of the Virginia State Sentencing Guidelines. The remaining eight (8) years and eleven (11) months to serve is for violating his probation. This was the maximum sentence allowed for the probation violations. The Court suspended Womick's license indefinitely.

Womick pled guilty on December 9, 2020. Had this matter gone to trial, the Commonwealth's evidence would have proven that just before midnight on May 15, 2020, a Virginia Beach Police Officer running radar clocked Carter Womick driving 53 m.p.h. on Parks Avenue in a 35 m.p.h. zone. Womick drove past other vehicles, made rapid lane changes, and did not maintain a single lane. When the officer pulled Womick over and approached Womick's vehicle, he saw an almost empty wine bottle in the center console. When asked if he consumed alcohol that evening, Womick said, "Not a sip." Womick's pants were undone, his speech was slurred, his eyes were watery and glassy, he swayed, and he smelled of alcohol. Womick was uncooperative for many of the field sobriety tests the officer attempted to administer, and he showed impairment on the tests he did attempt.

Womick refused to take a breath test so his Blood Alcohol Content was not determined. At the jail, Womick stated, "Let's speed this shit up; they've seen me before." These events violated the terms of Womick's good behavior for a DUI-Maiming and Possession with Intent to Distribute Marijuana conviction on December 14, 2012. Womick was convicted of DUI Maiming- Victim Permanently Impaired for an offense which occurred on June 6, 2011 and nearly killed his 15-year-old passenger. At the time of those charges, Womick was on a deferred finding for Underage Possession of Alcohol.

Additionally, Womick violated the terms of his probation by using cocaine, incurring a Public Intoxication charge, and by getting discharged from treatment through Pembroke 6 for missing several groups and treatment sessions.

In his phone calls while in jail for these events, Womick made statements including, "I guess I told them that I drink everyday so they put me in detox for three days," and, "I should never have told them that I drank every day."

In addition to all the aforementioned offenses, Womick has convictions for Public Intoxication and another probation violation.

Assistant Commonwealth's Attorney Jason M. Kowalski prosecuted this case. Please contact Macie Allen if additional information is desired.

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