Thursday, April 3, 2014
Virginia DUI Fairfax Lawyers Driving Under Influence Accident
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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traffic ticket in Virginia and need a lawyer to defend you?
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consequences of being charged for a traffic violation in Virginia?
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tickets in Virginia and we can help you as well.
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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.
Bill v. Commonwealth
Facts:
Defendant appealed from a
judgment of the Circuit Court of Fairfax (Virginia), which convicted him of
involuntary manslaughter following a motor vehicular accident causing the death
of another. The jury fixed defendant's punishment at three months in jail, and
he was sentenced accordingly. He had been acquitted of the charges of driving
while under the influence (DUI) of alcohol in an earlier trial arising from the
same accident.
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:
- Driving under the
influence of intoxicants is not a necessary element for a conviction of
involuntary manslaughter. A defendant can be convicted of involuntary
manslaughter even though a jury, or a court sitting without a jury, has
previously determined that he had not been intoxicated while driving. To
support an involuntary manslaughter conviction, the commonwealth could
show other acts of criminal negligence proving that a defendant had
operated his car in callous disregard of the rights of others.
- In determining which
issues have necessarily been decided by an acquittal in a prior trial, the
court must examine the record of a prior proceeding, taking into account
the pleadings, evidence, charge, and other relevant matter, and conclude
whether a rational fact-finder could have grounded its verdict upon an
issue other than that which the defendant seeks to foreclose from
consideration. Collateral estoppel becomes applicable only when the prior
acquittal necessarily resolved the issue now in litigation. The party
seeking the protection of collateral estoppel has the burden of proving
that the precise issue or question he seeks to preclude was raised and
determined in the first action.
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.