Friday, February 21, 2014
Virginia DUI Fairfax Lawyers 18.2-266 Operator's License Violation Blood Alcohol 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.
Gonella v. Commonwealth
Facts:
Defendant moved the Fairfax court
to dismiss the warrant charging him with driving under the influence of alcohol
(DUI) in violation of Va. Code Ann. § 18.2-266, on the ground that he had been
twice placed in double jeopardy in violation of the Fifth Amendment because his
operator's license was administratively suspended for seven days pursuant to
the results of a blood alcohol test following his DUI arrest..
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:
- Both the proceedings for
an administrative license suspension and a prosecution for driving under
the influence must be judicial in nature in order to invoke double
jeopardy analysis.
- The United States
Supreme Court states that, in both the multiple punishments and multiple prosecution
contexts, where two offenses for which the defendant is punished cannot
survive the "same elements" test the Double Jeopardy Bar
applies. The same elements test requires examination of the two 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:
