Wednesday, March 26, 2014
Virginia DUI Lawyers Prince William Third Offense 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.
Jacky 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 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:
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