Tuesday, March 18, 2014
Virginia DUI Lawyers Prince William Second Subsequent Offense 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.
Frank v. Commonwealth
Facts:
Defendant appealed from an
order of the Circuit Court of Prince William (Virginia) convicting her of
driving under the influence (DUI), second or subsequent offense, in violation
of Va. Code Ann. §§ 18.2-266 and 18.2-270.
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 "substantially
similar" standard under Va. Code Ann. § 18.2-270(E) does not require
the statutes to be exact replicas of each other. They merely must be
similar (not identical) in a substantial (not insubstantial) way. The
statutes need not substantially conform in every respect to each other.
Thus, a court need not scrutinize the foreign statute for every
idiosyncratic, insubstantial difference between it and the Virginia
statute. It looks instead to the overall purpose of the two statutes, the
framework of their principal provisions, and the elements of their
respective 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:
Virginia DUI Lawyers Prince William Suspended License
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:
Following defendant's DUI
arrest in Prince William, defendant's operator's license was suspended for
seven days pursuant to Va. Code Ann. 46.2-391.2, when testing revealed that
defendant's blood alcohol content was greater than .08 grams per 210 liters of
breath. Defendant moved to dismiss the outstanding DUI warrant, alleging that
both the administrative license suspension (ALS) and the DUI warrant placed him
twice in jeopardy in violation of the Fifth Amendment. The court denied the
motion. The court concluded that the ALS constituted punishment, that the ALS
and DUI were separate judicial proceedings, and that double jeopardy would
attach only if the commonwealth pursued both the ALS action and the DUI
prosecution based upon the per se results of the blood test pursuant to Va.
Code Ann. § 18.2-266(i). If the commonwealth relied on refusal to take the
blood alcohol test as a basis for the ALS action, its DUI prosecution under Va.
Code Ann. §§ 18.2-266(ii), (iii), or (iv) would not trigger the double jeopardy
bar. Given that defendant's warrant alleged only a general violation of Va.
Code Ann. § 18.2-266, the court denied defendant's motion to dismiss until the
commonwealth offered its proof.
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. §
46.2-391.2 provides in part that if a breath test is taken pursuant to Va.
Code Ann. § 18.2-268.2 or any similar ordinance of any county, city, or
town and the results show a blood alcohol content of 0.08 percent or more
by weight or by volume or 0.08 grams or more per 210 liters of breath, or
the person refuses to submit to the breath test in violation of Va. Code
Ann. § 18.2-268.3 or any similar local ordinance, and upon issuance of a
warrant by the magistrate for a violation of Va. Code Ann. §§ 18.2-266 or
18.2-268.3, or any similar local ordinance, the person's license shall be
suspended immediately for seven days. The magistrate is a judicial officer
for this purpose and his decision is pursuant to a judicial proceeding.
Va. Const. art. VI, § 8. Va. Code Ann. § 19.2-48.1.
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:
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.
Attillis 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:
Virginia DUI Lawyers Prince William Second Subsequent 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.
Frank v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Prince William (Virginia) of felony driving under the
influence (DUI), second 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:
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.
Samuel v. Commonwealth
Facts:
Defendant appealed her
convictions by the Circuit Court of Prince William (Virginia), for driving
under the influence (DUI) of alcohol in violation of Va. Code Ann. § 18.2-266
and for involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.1(A).
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:
- Virginia's "implied
consent" law, as it existed at the time of the offense, provided
that: (A) any person who operates a motor vehicle upon a highway in this
Commonwealth shall be deemed thereby, as a condition of such operation, to
have consented to have samples of his blood, breath, or both blood and
breath taken for a chemical test to determine the alcohol, drug, or both
alcohol and drug content of his blood, if he is arrested for a violation
of Va. Code Ann. § 18.2-266 (driving under the influence) or of a similar
ordinance within two hours of the alleged offense. Section 18.2-268.2(A).
If the blood or breathalyzer test reveals a particular level of blood
alcohol content (.10 percent at the date of the instant offense), the Commonwealth
is entitled to a rebuttable presumption that the defendant was
intoxicated. Section § 18.2-269.
- Va. Code Ann. §
18.2-36.1 stated at the time of the offense that any person who, as a
result of driving under the influence in violation of § 18.2-266(ii),
(iii), or (iv), unintentionally causes the death of another person, shall
be guilty of involuntary manslaughter. Section 18.2-36.1(A).
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.
Tuesday, March 4, 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.
Thomas 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:
Monday, March 3, 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.
Moore v. Commonwealth
Facts:
Defendant appealed from the
judgment of the Circuit Court of Prince William (Virginia) that found him to be
a habitual offender pursuant to Va. Code Ann. § 46.2-351 et seq. Defendant had
multiple convictions for 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:
- If a conviction in
another state is based on conduct which is not a violation of Va. Code
Ann. § 18.2-266, then to consider it under Va. Code Ann. § 46.2-351 would,
without authority, expand the scope of the convictions which could be
considered beyond that which the Virginia General Assembly specifically
authorized.
- In order to adjudicate a
defendant an habitual offender based upon a conviction from another state,
only that prohibition of the other state's law under which the person was
convicted must substantially conform to Va. Code Ann. § 18.2-266.
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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