Friday, October 31, 2014

Virginia DUI Fairfax Lawyers Habitual Offender

Virginia DUI Fairfax 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.

Ross v. Commonwealth

Facts:

Defendant appealed from the judgment of the Circuit Court of Fairfax (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.

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.
Wednesday, October 29, 2014

Virginia DUI Fairfax Lawyers Violation Code 18.2-266 Third Offense

Virginia DUI Fairfax 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.

Simon v. Commonwealth

Facts:

Defendant appealed from a judgment of the Circuit Court of Fairfax (Virginia), which convicted him of driving under the influence (DUI), a third or subsequent offense within five years in violation of Va. Code Ann. § 18.2-266, and of driving after being declared an habitual offender.

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.
  • Evidence of prior driving under the influence (DUI) convictions does not constitute the "traffic record" as contemplated by Va. Code Ann. § 46.2-943 where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge requires proof of the prior DUI convictions.

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.

Virginia DUI Fairfax Lawyers Third Offense Breath Test

Virginia DUI Fairfax 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.

Miller v. Commonwealth

Facts:

After the Circuit Court of Fairfax, Virginia denied his motion to suppress, defendant entered a conditional guilty plea of driving under the influence (DUI), third or subsequent offense within 10 years, under Va. Code § 18.2-266. He then appealed, contending the trial court erred finding at the suppression hearing that the result of a preliminary breath test (PBT) was admissible and that probable cause existed to arrest him.

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:

  • Probable cause exists when the facts and circumstances within the officer's knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed. By providing in Va. Code Ann § 18.2-267 that the officer may charge an individual with driving while intoxicated on the basis of the results of a preliminary breath test, the legislature has recognized that this test is reasonably trustworthy to show that a person has consumed alcohol for purposes of determining whether probable cause exists to make an arrest.
  • The function of the preliminary breath test under Va. Code Ann. § 18.2-267 is to provide an independent means to determine and resolve questions concerning probable cause, but it does not supplant other methods for a police officer to determine probable cause. Under § 18.2-267(D), an officer may charge an individual with driving under the influence whenever the breath sample analysis indicates that alcohol is present in the person's blood. Va. Code Ann. § 18.2-266 prohibits a person from driving or operating a motor vehicle while such person is under the influence of alcohol.

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, October 27, 2014

Virginia DUI Fairfax Lawyers Violation Code 18.2-266

Virginia DUI Fairfax 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.

Joe v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax (Virginia) of involuntary manslaughter, in violation of Va. Code Ann. § 18.2-36.1, after having been convicted of driving under the influence (DUI), in violation of Va. Code Ann. § 18.2-266. He 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:

  • A defendant found guilty under Va. Code Ann. § 18.2-36.1(A) who involuntarily causes the death of another as the result of driving under the influence is guilty of involuntary manslaughter and can be sentenced to up to 10 years of imprisonment with no mandatory minimum. Under Va. Code Ann. § 18.2-36.1(B), if, in addition to the elements in § 18.2-36.1(A), the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than 1 nor more than 20 years, 1 year of which shall be a mandatory, minimum term of imprisonment.
  • A comparison of the language in Va. Code Ann. § 18.2-36.1 and the language of several Virginia murder statutes indicates the general assembly intended to allow multiple punishments for violations of this manslaughter section and the statute prohibiting driving under the influence, 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:

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.

Virginia DUI Fairfax Lawyers Driving Influence Second Offense

Virginia DUI Fairfax 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.

Miles v. Commonwealth

Facts:

The issue before the Fairfax Court was whether the warrant charging defendant with driving under the influence of alcohol (DUI), second offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270, was invalid and unlawful.

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. § 18.2-266 defines a single offense, commonly referred to as driving under the influence, and its subsections merely set forth the means by which the offense of driving under the influence may be proved.
  • Va. Code Ann. § 18.2-266 criminalizes driving under the influence, and its subsections provide alternative methods of proving that the statute has been violated. Each subsection is not a separate 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:

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, October 24, 2014

Virginia DUI Attorneys Fairfax Reckless Driving Code 18.2-266

Virginia DUI Fairfax 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.

Jackson v. Commonwealth

Facts:

Defendant contended the trial judge rendered impermissible, inconsistent verdicts by convicting him of a felony after acquitting him of violating Va. Code Ann. § 18.2-266 in Fairfax, which was an element of the felony offense. The State responded that the record established the judge did not reject the evidence of driving under the influence and that he gave an explanation, which established that the verdicts were not truly inconsistent. The court of appeals agreed with the State.

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:

  • Acknowledging he could not convict defendant of both reckless driving and driving under the influence of alcohol arising from the same act, the trial judge said he chose to give defendant a break, even though the evidence proved he was under the influence. This statement indicated the judge considered his ruling to be an act of lenity, and the ruling was not a product of confusion. Thus, there was no evidence that the verdicts were inconsistent.

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.
Thursday, October 23, 2014

Virginia DUI Fairfax Lawyers Violation Code 18.2-266

Virginia DUI Fairfax 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.

Gerald v. Commonwealth

Facts:

Defendant was charged in Fairfax with driving under the influence (DUI) of alcohol, in violation of Va. Code § 18.2-266, and he filed a motion to suppress the fruits of a warrantless arrest by an off-duty police officer outside his jurisdiction, including the results of a breath test obtained after the officer transported him to the police station.

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 implied consent law, one who operates a motor vehicle on a highway is deemed to have consented to have blood and/or breath samples taken to determine the alcohol and drug content of his blood. Va. Code § 18.2-268.2.
  • The results of a blood or breath test provided by Va. Code § 18.2-268.2, Virginia 's implied consent law, are admissible only after a valid arrest, because otherwise the defendant's consent is invalid.
  • If the results of an alcohol breath test are admissible, the commonwealth might be entitled to a rebuttable presumption that the defendant was intoxicated. However, if the breath test results are not admissible, the commonwealth must prove through other evidence that the defendant was intoxicated while driving. An admission by a defendant that he was drinking, coupled with his appearance and lack of coordination, is sufficient to support a conviction for driving under the influence of alcohol.

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.

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