Sunday, April 27, 2014
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.
Kingston v. Commonwealth
Facts:
Defendant sought review of an
order from the Circuit Court of Prince William (Virginia), which revoked three
months of his suspended sentence for driving under the influence(DUI).
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:
- Upon conviction, a
violation of Va. Code Ann. § 18.2-266, § 18.2-271.1(A) mandates entry and
successful completion of an alcohol safety action program as a condition
of any probation. Section 18.2-271.1(F) grants continuing jurisdiction
over any person entering the Virginia Alcohol and Safety Action Program
(VASAP) until either successful completion or revocation of the referral.
That subsection prescribes the form of notice and the procedures for
revocation hearings. A trial court is authorized to revoke not only the
privilege to attend VASAP but also to revoke any part of the sentence that
the defendant was privileged to have suspended upon the condition that he
attend that program.
- In Virginia , revocation
of a suspended sentence will not be disturbed on appeal unless the trial
court abused its discretion.
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:
Friday, April 25, 2014
Virginia DUI Lawyers Prince William Driving Influence Alcohol
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.
Lawrence v. Commonwealth
Facts:
A general district court
found defendant guilty of driving under influence (DUI) of alcohol under Va.
Code Ann. § 18.2-266. Defendant appealed. A jury in the circuit court found
defendant guilty as charged. The Circuit Court of Prince William (Virginia)
denied defendant's motion to set aside the verdict and entered final judgment.
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:
- When considering a
criminal conviction, an appellate court reviews the evidence in the light
most favorable to the Commonwealth. Viewing the evidence through this
evidentiary prism requires the appellate court to discard the evidence of
the accused in conflict with that of the Commonwealth, and regard as true
all the credible evidence favorable to the Commonwealth and all fair inferences
to be drawn therefrom.
- Va. Code Ann. §
18.2-266(i) permits a factfinder to infer that the blood alcohol
concentration (BAC) level determined by a timely breath test accurately
states the BAC level at the time of driving. While sometimes called a "rebuttable
presumption," the later-BAC-implies-prior-BAC principle underlying §
18.2-266(i) is no more than a permissible evidentiary inference that the
factfinder may accept or reject. Understood that way, the inference
violates no constitutional norms.
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Fredericksburg Lynchburg
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help you.
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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:
Thursday, April 24, 2014
Virginia DUI Lawyers Prince William Revocation Driving Privileges
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.
Frederickson v. Commonwealth
Facts:
Petitioner a resident of Prince
William sought an order to rescind or, in the alternative, modify the Virginia
Department of Motor Vehicles (DMV) order of revocation of driving privileges as
a result of a DUI conviction.
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:
- Under Va. Code Ann. §
46.2-389, requiring revocation of driving privileges upon a conviction of
DWI, substantial conformity does not mean that another state's law
regarding driving under the influence must substantially conform in every
respect to Va. Code Ann. § 18.2-266, only that prohibition of the other
state's law under which a person is convicted must substantially conform.
- Va. Code Ann. §
8.01-15.1 places a burden on the anonymous litigant to show "special
circumstances" which outweigh the public's interest in knowing the
identity of a petitioner and prejudice to the petitioner to allow
anonymity. Section 8.01-15.1 lists factors a court is directed to consider
other than Va. Code Ann. § 46.2-208, which protects driving records
confidentially. Section 8.01-15.1 sets as a factor whether identification
poses a risk of retaliatory physical or mental harm and the age of a
person whose privacy interests deserve protection. Section 46.2-208
protects disclosure of driving records by the Virginia Department of Motor
Vehicles. Court proceedings involving an anonymous person is governed by §
8.01-15.1. There, the General Assembly outlines factors to be considered
for court proceedings.
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Fredericksburg Lynchburg
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help you.
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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:
Wednesday, April 23, 2014
Virginia DUI Lawyers Prince William Influence Alcohol
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.
Frederick v. Commonwealth
Facts:
Appellant challenged a
judgment, based upon a jury verdict, of the Circuit Court of Prince William (Virginia)
convicting him of operating a motor vehicle under the influence of alcohol with
two prior convictions within 10 years, in violation of Va. Code Ann. §
18.2-266.
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:
- Testimony given at a
former trial is admissible as an exception to the hearsay rule if certain
requirements are met. These requirements are as follows: (1) the original
witness must be unavailable; (2) the witness who is now unavailable must
have been testifying under oath (or affirmation) at the former trial; (3)
the issues must be substantially the same in both trials; (4) the party
against whom the hearsay testimony is now offered (or his privy in
interest) must have been a party in the former trial; and (5) the witness
who is now testifying as to what was said at the former trial must be able
to do so with reasonable accuracy. The party offering the testimony bears
the burden of establishing the witness's unavailability.
- For a witness to be
deemed unavailable, the proponent of the evidence bears the burden of
proving that one of the following conditions exists: (1) the declarant is
dead; (2) the declarant is too ill to testify; (3) the declarant is
insane; (4) the declarant is absent from the state and the party is unable
to obtain the declarant's deposition; (5) the party has been unable by
diligent inquiry to locate the declarant; (6) the declarant cannot be
compelled to testify; and (7) the opposite party has caused the
declarant's absence.
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Fredericksburg Lynchburg
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help you.
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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:
Tuesday, April 22, 2014
Virginia DUI Lawyers Prince William Field Sobriety Tests
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.
Holmes v. Commonwealth
Facts:
Following a bifurcated trial
in Prince William, defendant was convicted of driving under the influence
(DUI), a third or subsequent offense within five years, and of driving after
being declared an habitual offender. The court found that the trial court did
not err by admitting evidence of defendant's prior DUI convictions, but did err
in admitting evidence of defendant's refusal to submit to field sobriety tests.
The court noted that Va. Code Ann. § 46.2-943 prohibited the introduction of
the entire traffic record during the guilt stage of trial but held that
evidence of the prior DUI convictions was admissible because prior DUI
convictions did not constitute the "traffic record" as contemplated
by § 46.2-943 where the offense charged was a subsequent offense of DUI. The
court held that evidence of a refusal to submit to field sobriety tests, when
used as evidence that defendant refused because he believed he might fail,
violated defendant's right against self-incrimination under Va. Const. art. I,
§ 8. The court found that the trial court erred by admitting evidence of
defendant's refusal and that the error was not harmless.
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:
- Evidence of prior
driving under the influence (DUI) convictions is necessary during the
guilt stage of a trial for DUI as a third or subsequent offense in order
for the Commonwealth to meet its burden of proof. The Commonwealth is
entitled to prove the elements set forth in the warrant, and proof of the
DUI charge as a third or subsequent offense under Va. Code Ann. § 18.2-266
requires proof of the previous convictions for DUI.
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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.
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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:
Sunday, April 20, 2014
Virginia DUI Lawyers Prince William Second 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.
Vinnie v. Commonwealth
Facts:
Defendant challenged a
judgment from the Circuit Court of Prince William (Virginia), which convicted
defendant of second offense driving under the influence (DUI).
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 order to convict a
defendant, it is necessary that the Commonwealth establish two things: (1)
that defendant was operating or driving a motor vehicle, and (2) that he
was under the influence of intoxicants at the time he was driving or
operating it. Va. Code Ann. § 18.2-266 makes it unlawful to drive or
operate a motor vehicle while under the influence of alcohol.
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:
Thursday, April 17, 2014
Virginia DUI Lawyers Prince William Habitual Offender
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.
Holmes v. Commonwealth
Facts:
Defendant appealed from a
judgment of the Circuit Court of Prince William (Virginia), which convicted him
of driving under the influence (DUI), a third or subsequent offense within five
years in violation of Va. Code Ann. § 18.2-266, and of driving after being declared
an habitual offender.
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:
- Evidence of prior
driving under the influence (DUI) convictions and evidence of prior
traffic records are not the same. Traffic records as contemplated by Va.
Code Ann. § 46.2-943 contain prior suspensions and revocations of a
driver's license and prior convictions of moving traffic violations,
including, but not limited to, DUI convictions. Thus, while evidence of a
prior DUI conviction may be a part of a traffic record, such evidence does
not necessarily constitute the traffic record for purposes of the
application of Va. Code Ann. § 46.2-943.
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:
Wednesday, April 16, 2014
Virginia DUI Lawyers Prince William Seizures Arrests
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:
Defendant sought review of a
judgment of the Circuit Court of Prince William (Virginia), which convicted him
of driving under the influence of alcohol (DUI).
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 reasonableness of
seizures, less intrusive than traditional arrests, depends on a balancing
test. The Supreme Court of the United States sets forth three criteria by
which the validity of such seizures should be gauged. There must be a
weighing of (1) the gravity of the public concerns served by the seizure,
(2) the degree to which the seizure advances the public interest, and (3)
the severity of the interference with individual liberty. A "central
concern" in balancing the foregoing competing considerations has been
to make certain that an individual's reasonable expectation of privacy is
not subject to arbitrary invasions solely at the unfettered discretion of
officers in the field. Thus, the Fourth Amendment requires that a seizure
must be based on specific, objective facts indicating that society's
legitimate interests require the seizure of the particular individual, or
that the seizure must be carried out pursuant to a plan embodying
explicit, neutral limitations on the conduct of individual officers.
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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:
Tuesday, April 15, 2014
Virginia DUI Lawyers Prince William Third Offense 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.
Manson v. Commonwealth
Facts:
Defendant appealed from a
judgment of the Circuit Court of Prince William (Virginia), which convicted him
of driving under the influence, a third or subsequent offense within five years
in violation of Va. Code Ann. § 18.2-266, and of driving after being declared
an habitual offender.
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:
- Evidence of prior
driving under the influence (DUI) convictions and evidence of prior
traffic records are not the same. Traffic records as contemplated by Va.
Code Ann. § 46.2-943 contain prior suspensions and revocations of a driver's
license and prior convictions of moving traffic violations, including, but
not limited to, DUI convictions. Thus, while evidence of a prior DUI
conviction may be a part of a traffic record, such evidence does not
necessarily constitute the traffic record for purposes of the application
of Va. Code Ann. § 46.2-943.
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:
Monday, April 14, 2014
Virginia DUI Lawyers Prince William Driving Influence Field Sobriety Tests
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.
David v. Commonwealth
Facts:
Defendant sought review of a
judgment from the Court of Appeals of Virginia, which affirmed his conviction in
Prince William for unreasonably refusing to submit to a blood or breath test
after being arrested for driving under the influence (DUI) of alcohol in
violation of Va. Code Ann. § 18.2-268.2.
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:
- A refusal to submit to
field sobriety tests can often be explained in terms of innocent human
behavior. Unlike instances of flight, the use of a false name, or other
acts of deception, a driver refusing to submit to a field sobriety test
has not undertaken affirmative action to deceive or to evade the police.
Moreover, there are numerous innocent reasons why a person may refuse to
engage in tests that are not required by law, including that a person may
be tired, may lack physical dexterity, may have a limited ability to speak
the English language, or simply may be reluctant to submit to subjective
assessments by a police officer. Therefore, we conclude that a defendant's
refusal to submit to field sobriety tests is not evidence of consciousness
of guilt.
- A defendant's refusal to
submit to field sobriety tests may have some relevance in a police
officer's assessment of probable cause to arrest that defendant for
driving under the influence of alcohol. When other facts show a driver's
consumption of alcohol and the discernable effect of such consumption on
the driver's mental or physical state, the driver's refusal to perform
field sobriety tests is circumstantial evidence tending to show the
driver's awareness that his consumption of alcohol would affect his
ability to perform such tests. Accordingly, in determining whether a
police officer had probable cause to arrest a defendant for driving under
the influence of alcohol, a court may consider the driver's refusal to
perform field sobriety tests when such refusal is accompanied by evidence
of the driver's alcohol consumption and its discernable effect on the
driver's mental or physical state.
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:
Sunday, April 13, 2014
Virginia DUI Lawyers Prince William Eluding Officer
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:
Defendant challenged the
order of the Circuit Court of Prince William (Virginia), which convicted him of
eluding the police officer and reckless driving.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. §
46.2-869, it is not a lesser included offense of eluding a police officer.
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locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
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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:
Saturday, April 12, 2014
Virginia DUI Lawyers Prince William 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.
Julian v. Commonwealth
Facts:
In a driving under influence
(DUI) case, the Defendant sought review of a decision of the Circuit Court of Prince
William (Virginia), which convicted defendant of driving a motor vehicle while
he had a blood alcohol concentration of .10 percent or more pursuant to Va.
Code Ann. § 18.2-266(i).
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(B) provides that any person who operates a motor vehicle upon a
public highway in this Commonwealth shall be deemed thereby, as a
condition of such operation, to have consented to have samples of his
blood or breath or both blood and breath taken for a chemical test to
determine the alcoholic content of his blood, if such person is arrested
for a violation of Va. Code Ann. § 18.2-266 within two hours of the
alleged offense.
- Va. Code Ann. § 18.2-266
provides in part that it shall be unlawful for any person to drive or
operate any motor vehicle (i) while such person has a blood alcohol
concentration of 0.10 percent or more by weight by volume as indicated by
a chemical test administered in accordance with the provisions of Va. Code
Ann. § 18.2-268, or (ii) while such person is under the influence of
alcohol.
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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:
Friday, April 11, 2014
Virginia DUI Lawyers Prince William
Virginia DUI
Prince William Lawyers Automobile
Intoxicant
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.
Charles v. Commonwealth
Facts:
Defendant challenged his
conviction in the Circuit Court of Prince William County (Virginia) for driving
an automobile while under the influence of intoxicants.
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 Commonwealth of
Virginia's evidence must exclude every reasonable hypothesis of innocence.
Until that is done a defendant is not required to explain or to offer
evidence of his innocence.
- Evidence is not
sufficient to support a conviction if it engenders only a suspicion or
even a probability of guilt. A conviction cannot rest upon conjecture. The
evidence must be such that it excludes every reasonable hypothesis of
innocence.
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, April 10, 2014
Virginia DUI Lawyers Prince William Second Offense 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.
Gavin 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. In a
trial de novo, a circuit court disregards the judgment of the district
court, hears the evidence anew and may consider new evidence, and makes
final disposition of the case as if the case had not proceeded to judgment
in the district court. Once the trial de novo commences in the circuit
court, the district court judgment is annulled, and is not thereafter
available for any purpose.
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:
Wednesday, April 9, 2014
Virginia DUI Lawyers Prince William Second Offense 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.
Jack 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:
Monday, April 7, 2014
Virginia DUI Lawyers Prince William Felony Code 18.2-270
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.
Richard 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:
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