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.
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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