Thursday, March 20, 2014
Virginia DUI Fairfax Lawyers Warrant Evidence Reckless Driving
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.
Pollard v. Commonwealth
Facts:
The Fairfax court (Virginia),
after the presentation of all evidence and without the agreement of the parties
or the request of either, sua sponte amended a driving under the influence
(DUI) warrant to reckless driving and convicted defendant. 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:
- Reckless driving is not
a lesser included offense of driving under the influence. It is instead a
separate and distinct crime. The authority of a district court to
amend warrants or place new charges is contained in Va. Code Ann. §
16.1-129.2. A district court may amend a warrant to correct defects or
faults it finds in the form of the document or to charge a lesser included
offense. However, an amendment to a warrant cannot change the nature and
character of the offense originally charged. If a district court believes
that a different offense should be charged other than the one contained in
the warrant, it may, pursuant to Va. Code Ann. § 16.1-129.2, issue under
its own hand a warrant reciting the offense and requiring the defendant in
the original warrant to be arrested and brought before him.
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:
