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.

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.

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.

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