Release Date: Monday, June 27, 2011 4:25 p.m.
Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Joshua Reid McCulloch, 28 years old, previously residing in the 1800 block of Shelton Drive in Virginia Beach, was sentenced by Circuit Court Judge Les L. Lilley to charges of Driving Under the Influence – 3rd offense, Driving with a Revoked License, and Refusal of Blood or Breath Test – 3rd offense. Judge Lilley sentenced McCulloch to 11 years in the Department of Corrections with six (6) years suspended, leaving five (5) years to serve. Additionally, Judge Lilley imposed $5000 in fines. The suspended sentence is conditioned on supervised probation and 10 years good behavior. The Virginia State Sentencing Guidelines recommended McCulloch serve a maximum sentence of two (2) years and six (6) months in prison. “McCulloch has shown his disdain for everyone else on the road, and disdain for the court’s orders,” Bryant said. “The Court rightly doubled the guideline sentence.”
Had this matter gone to trial, the Commonwealth’s evidence would have proven that on November 19, 2010, Joshua Reid McCulloch ran a red light at the intersection of Independence Boulevard and Jeanne Street in the City of Virginia Beach. McCulloch struck a vehicle occupied by four teenage girls. They suffered from non-life threatening injuries, and both vehicles were totaled. Police who responded to the scene observed McCulloch with slurred speech, bloodshot and watery eyes, and emitting a strong odor of alcohol. He told the police he drank three beers and that he drank the third about twenty minutes before the crash. McCulloch showed impairment on all three sobriety tests administered by police at the scene, but refused to take a blood or breath test.
McCulloch was previously convicted of Driving Under the Influence (DUI) in Virginia Beach General District Court in November 2001 and in Virginia Beach Circuit Court in August 2009. As a result of the second DUI conviction, his driver’s license was revoked for three (3) years. This was in effect in November 2010 when McCulloch committed the offenses for which he was sentenced today. He also has six (6) additional alcohol-related misdemeanor convictions in Virginia Beach General District Court.
Associate Commonwealth’s Attorney Wendy Alexander prosecuted the case. Please call Macie Pridgen if additional information is desired.