Tuesday, March 18, 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.
Pollock v. Commonwealth
Facts:
Defendant was arrested for
DUI first offense in Prince William, and prior to trial, he was again arrested
and charged with DUI second offense. Prior to a trial de novo in the circuit
court for the first arrest, the district court convicted defendant of the
lesser-included offense of DUI first offense for the second charge. On review,
the court reversed his conviction for DUI second offense based on double
jeopardy. Although a circuit court had discretion under Va. Code Ann. §
16.1-137 to amend a defective warrant, there could not be a trial de novo for
the same offense after an acquittal by a court having authority to try the
offense. The impossibility exception to double jeopardy did not apply because
the Commonwealth had been aware of defendant's prior DUI conviction and de novo
appeal at the time of his prosecution on the DUI second offense charge.
Defendant's trial de novo on the amended warrant charging DUI second offense
could not be characterized as a subsequent prosecution for a new offense
arising out of facts discovered after the conviction. Defendant was prosecuted
for the same offense as originally charged and tried in the district court, of
which he had been acquitted.
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 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:
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