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.

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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