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:
Thursday, February 27, 2014
Virginia DUI Lawyers Prince William 18.2-266 Code Violation
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.
Freeman 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:
Wednesday, February 26, 2014
Virginia DUI Lawyers Prince William Misdemeanor 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.
Stone 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:
Tuesday, February 25, 2014
Virginia DUI Lawyers Prince William Felony Violation 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.
Kamp 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.
Monday, February 24, 2014
Virginia DUI Lawyers Prince William Blood Breath Sample
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.
Banks v. Commonwealth
Facts:
Defendant appealed the
judgment of the Circuit Court of Prince William (Virginia), which convicted
defendant of driving while 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:
- Va. Code Ann. §
18.2-268.2 provides that any person who operates a motor vehicle upon
Virginia highways consents to have blood or breath samples taken from him
if he is arrested for driving under the influence (DUI) within three hours
of the alleged offense. The purpose of the implied consent law requiring
the test to be taken is to determine the concentration of alcohol in a
driver's blood or breath sample, and thereby determine the driver's state
of intoxication or sobriety. Failure to comply with Va. Code § 18.2-268.2
or companion statutes precludes introduction of the relevant test results
in proof of DUI. The statutory steps relating to taking, handling,
identifying, and disposing of blood or breath samples are procedural and
not substantive, and substantial compliance with such procedures is
sufficient.
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, February 21, 2014
Virginia DUI Lawyers Prince William Speeding
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.
Black v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Prince William (Virginia) of DUI in violation of Va. Code
Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va.
Code Ann. § 46.2-870. Both charges arose from the same course of driving. He
asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1
because the speeding conviction constituted a conviction for 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:
- Under the plain and
unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be charged
and convicted of both DUI and reckless driving. A conviction of either DUI
or reckless driving, whether in simultaneous or successive prosecutions,
requires dismissal of the other charge if the other charge arose from the
same act or acts. Virginia 's double jeopardy statute, Va. Code Ann. § 19.2-294,
prohibits multiple convictions for separate offenses arising out of same
act, except where convictions obtained in single prosecution. Reckless
driving and speeding are separate and distinct offenses.
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, February 20, 2014
Virginia DUI Lawyers Prince William Violation 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.
Jims 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:
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