NORFOLK, Va. (WAVY) – Norfolk’s top prosecutor was convicted of DUI Friday.
Norfolk Commonwealth’s Attorney Greg Underwood was found guilty of DUI first offense and refusing a sobriety test, but not guilty of a gun charge.
A judge sentenced Underwood to 33 days in jail with 30 days suspended — leaving just three days to serve. He can serve those days on weekends. Additionally, he was found guilty of improper driving and was fined $50. Underwood’s license was also suspended for one year on both the DUI and refusal charges.
WAVY News’ Ava Hurdle reported that as soon as the judge’s decision came down, there was an appeal, which means none of the fines or jail time will happen yet, and may not stick at all.
“He will not be getting three days in jail,” said Defense Attorney Tommy Normen. “We have appealed that decision when it’s hearing the circuit court. It’s as if this trial never took place The circuit court hears this case for the first time, so he will not be paying any fines.”
Underwood was arrested during a traffic stop on Interstate 264 in October. Troopers say he drove through a work zone while intoxicated and refused to take a breathalyzer, or sobriety test. They also say he had a concealed, loaded gun with him.
Underwood’s trial began Friday in Norfolk. WAVY.com asked Underwood if he had anything to say about the case as he walked into the courtroom. He just responded with “Good morning.”
During the trial, a state trooper testified he knew Underwood, and to avoid embarrassment, had him formally charged in Virginia Beach.
While the defense is unhappy about the judge’s ruling, the special prosecutor is still pleased with the verdict handed down in the lower court.
“I think he was clearly guilty, and I think sometimes the public thinks when people are public officials and get charged with something they get a special break that someone else wouldn’t get.They sneak out the back door with nothing being done,” said the prosecuting attorney, J. Randolph Smith.
Underwood has declined comment on his case.