Saturday, March 29, 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.

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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.

Lawrence v. Commonwealth

Facts:

Following the denial of defendant's motions to strike the evidence, the Circuit Court of Fairfax (Virginia) convicted defendant of driving under the influence (DUI), in violation of Va. Code Ann. § 18.2-266. 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:

  • When the sufficiency of the evidence is challenged on appeal, an appellate court determines whether the evidence, viewed in the light most favorable to the prevailing party, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. In so doing, the appellate court must discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom. The appellate court will not reverse the judgment of the trial court, sitting as the finder of fact in a bench trial, unless it is plainly wrong or without evidence to support it.
  • A trial court is entitled to rely on circumstantial evidence in its determination of an appellant's guilt. Circumstantial evidence is as competent and is entitled to as much weight as direct evidence, provided it is sufficiently convincing to exclude every reasonable hypothesis except that of guilt. Where the Commonwealth's evidence as to an element of an offense is wholly circumstantial, all necessary circumstances proved must be consistent with guilt and inconsistent with innocence and exclude every reasonable hypothesis of innocence. However, the Commonwealth is not required to disprove every remote possibility of innocence, but is, instead, required only to establish guilt of the accused to the exclusion of a reasonable doubt. The hypotheses which the prosecution must reasonably exclude are those which flow from the evidence itself, and not from the imagination of defendant's counsel.
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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