Friday, April 25, 2014
Virginia DUI Fairfax Lawyers Code 18.2-266 Reckless Driving
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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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.
Jack 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
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Holdings:
The
Virginia Court made the following holding:
- Where the trial judge on
the record explains an apparent inconsistency in the verdicts, and where
the explanation shows that the trial court's action was proper and that
there was no unfairness, inconsistent verdicts would be sustained.
- 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: