Friday, October 31, 2014

Virginia DUI Lawyers Prince William 18.2-266 Violation Code

Virginia DUI Prince William Lawyers


Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Kingston v. Commonwealth

Facts:

Defendant appealed his conviction by the Circuit Court of Prince William (Virginia) of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Following defendant's appeal de novo to that court under Va. Code Ann. § 16.1-136, the circuit court amended to DUI second offense the warrant on which he was convicted of DUI first offense in a district court.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In Virginia, when misdemeanor charges are initiated by warrant and a defendant is convicted of those charges in district court, he may appeal to the circuit court for a trial de novo. A trial on the same charges in the circuit court does not violate double jeopardy principles, subject only to the limitation that conviction in the district court for an offense lesser included in the one charged constitutes an acquittal of the greater offense, permitting trial de novo in the circuit court only for the lesser-included offense.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Wednesday, October 29, 2014

Virginia DUI Lawyers Prince William Third Subsequent Offense

Virginia DUI Prince William Lawyers


Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Sawyer v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Prince William (Virginia) of felony driving under the influence (DUI), third or subsequent offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270. Defendant appealed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In enacting Va. Code Ann. § 46.2-384, the legislature, in its wisdom, determined that a Department of Motor Vehicles transcript, certified pursuant to Va. Code Ann. § 46.2-215, shall be prima facie evidence of the facts stated therein with respect to the prior offense. Prima facie evidence is sufficient to raise a presumption of fact or establish the fact in question unless rebutted.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia DUI Lawyers Prince William Violation Code 18.2-266

Virginia DUI Prince William Lawyers

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Demetrius v. Commonwealth

Facts:

Following a bench trial, the Circuit Court of Prince William (Virginia) convicted defendant of driving under
the influence (DUI), in violation of Va. Code Ann. § 18.2-266. Defendant appealed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Notwithstanding any incidental punitive effect it may have, the 60-day administrative suspension of a person's privilege to drive in Virginia pursuant to Va. Code Ann. § 46.2-391.2 constitutes a civil sanction and, thus, does not offend the constitutional prohibition against double jeopardy.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Monday, October 27, 2014

Virginia DUI Lawyers Prince William Felony

Virginia DUI Prince William Lawyers

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Keith v. Commonwealth

Facts:

Following a bench trial in the Circuit Court of Prince William (Virginia), defendant was convicted on an amended indictment alleging that he violated Va. Code Ann. §§ 18.2-266, -270 by unlawfully and feloniously operating a motor vehicle while under the influence of alcohol (DUI) after having been convicted of 2 other DUI offenses within 10 years. Defendant appealed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Va. Code Ann. § 18.2-270 enhances the offense and attendant punishment for driving under the influence (DUI) from a misdemeanor to a felony upon conviction of a third or subsequent offense committed within 10 years of an offense under Va. Code Ann. § 18.2-266. The statute does not suggest that convictions for the requisite prior offenses must precede commission of the third or subsequent offense. Therefore, any third or subsequent DUI conviction within the period prescribed by Va. Code Ann. § 18.2-270 triggers the enhanced punishment. Otherwise, an offender could commit multiple unlawful acts of driving under the influence of alcohol without fear of being punished for a felony merely because the offender could not be tried and convicted quickly enough between offenses. An interpretation of the statute that allows a defendant to violate it with impunity would be contrary to the clear legislative intent.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia DUI Lawyers Prince William First Offense

Virginia DUI Prince William Lawyers


Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Leone v. Commonwealth

Facts:

Defendant was arrested for DUI first offense in Prince William, and prior to trial, he was again arrested and charged with DUI second offense. Prior to a trial de novo in the circuit court for the first arrest, the district court convicted defendant of the lesser-included offense of DUI first offense for the second charge. On review, the court reversed his conviction for DUI second offense based on double jeopardy. Although a circuit court had discretion under Va. Code Ann. § 16.1-137 to amend a defective warrant, there could not be a trial de novo for the same offense after an acquittal by a court having authority to try the offense. The impossibility exception to double jeopardy did not apply because the Commonwealth had been aware of defendant's prior DUI conviction and de novo appeal at the time of his prosecution on the DUI second offense charge. Defendant's trial de novo on the amended warrant charging DUI second offense could not be characterized as a subsequent prosecution for a new offense arising out of facts discovered after the conviction. Defendant was prosecuted for the same offense as originally charged and tried in the district court, of which he had been acquitted.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In Virginia, when misdemeanor charges are initiated by warrant and a defendant is convicted of those charges in district court, he may appeal to the circuit court for a trial de novo. A trial on the same charges in the circuit court does not violate double jeopardy principles, subject only to the limitation that conviction in the district court for an offense lesser included in the one charged constitutes an acquittal of the greater offense, permitting trial de novo in the circuit court only for the lesser-included offense.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Friday, October 24, 2014

Virginia DUI Lawyers Prince William Third Subsequent Offense

Virginia DUI Prince William Lawyers


Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Tommy v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Prince William (Virginia) of felony driving under the influence (DUI), third or subsequent offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270. Defendant appealed.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In enacting Va. Code Ann. § 46.2-384, the legislature, in its wisdom, determined that a Department of Motor Vehicles transcript, certified pursuant to Va. Code Ann. § 46.2-215, shall be prima facie evidence of the facts stated therein with respect to the prior offense. Prima facie evidence is sufficient to raise a presumption of fact or establish the fact in question unless rebutted.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content
Thursday, October 23, 2014

Virginia DUI Lawyers Prince William Intoxicated Breath Test

Virginia DUI Prince William Lawyers


Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Oliver v. Commonwealth

Facts:

Appellant sought review of his conviction in the Circuit Court of Prince William (Virginia) for driving while intoxicated, claiming that the court erred when it refused to allow testimony relating to his alleged physical inability to take a breath test following his arrest, because pursuant to Va. Code Ann. § 18.2-268.2(B), if appellant was unable to take the breath test, then police were required to give him a blood test.

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Va. Code Ann. § 18.2-268.2(A), the implied consent law, mandates that any person arrested for violating Va. Code Ann. § 18.2-266 within two hours of such offense shall be deemed thereby as a condition of such vehicular operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol and/or drug content of his or her blood. Subsection (B) mandates that a person so arrested for such violations shall submit to a breath test. The subsection further directs that if the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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