Friday, February 28, 2014
Virginia DUI Lawyers Prince William Habitual Offender 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.
Nelson v. Commonwealth
Facts:
Defendant in Prince William
was charged with DUI and operating a vehicle as an habitual offender, after his
sister told police that she lost control of a car she was driving when
defendant grabbed the steering wheel, causing the car to veer off the road and
into a guardrail. Although defendant changed his story several times, he
testified at trial that he grabbed the steering wheel to avoid a collision with
a truck which his sister did not see. The trial court denied defendant's motion
to strike the charges, and also denied defendant's motion to set aside the
jury's verdict finding defendant guilty of both charges. The appellate court
held that (1) the jury was entitled to disbelieve defendant's statement that he
took control of the vehicle to avoid an accident with a truck; (2) for purposes
of the DUI statute and the habitual offender statute, defendant exercised
sufficient control over the vehicle to support his convictions under both
statutes; and (3) neither the jury's guilty verdicts nor the trial court's
refusal to set them aside constituted error as a matter of law.
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:
- The mischief addressed
by the Virginia statute on driving under the influence (DUI), Va. Code
Ann. § 18.2-266, is the risk of harm posed by vehicles under the control
of intoxicated individuals. Whether that risk comes from an inebriated
passenger who forcibly takes control of the steering wheel or from a drunk
driver should not matter. The brevity of actual control likewise does not
place the risk of harm outside the intended scope of the statute. A
passenger steering a vehicle, without controlling the accelerator or
brakes, may be deemed a driver under the DUI statute. The habitual
offender statute, Va. Code Ann. § 46.2-357(A), should be viewed no
differently. There too, the mischief addressed by that statute does not
exclude, as a matter of law, brief exercises of physical control over a
vehicle's operation. For similar policy reasons, the legislature abrogated
the common law doctrine of necessity as a defense to an habitual offender
charge.
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.
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