Wednesday, April 23, 2014
Virginia DUI Fairfax Lawyers Driving Influence
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.
Smith v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Fairfax (Virginia) of driving under the influence (DUI) and
reckless driving. He 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:
- The two offenses subject
to Va. Code Ann. § 19.2-294.1, driving under the influence and reckless
driving, are "separate and distinct" violations. Nevertheless,
the legislature intended that a conviction of one offense precludes
conviction of the other, whenever both grow from the same continuous,
uninterrupted course of operation of a motor vehicle. Thus, the statute is
applicable where the two offenses grow out of the same act or acts of
driving. It is the commonality of the underlying offending conduct, the
continuous, uninterrupted operation of a motor vehicle, that invokes the
preclusive effect of the statute.
- Va. Code Ann. §
19.2-294.1 and Va. Code Ann. § 19.2-294 are different. Va. Code Ann. §
19.2-294.1 deals only with the offenses of driving while intoxicated and
reckless driving; it applies to no other criminal offenses. This statute
is applicable where these two offenses grow out of the same act or acts.
"The same act or acts" means the act "of driving" and
contemplates a continuous, uninterrupted course of operation of a motor
vehicle. Va. Code Ann. § 19.2-294, on the other hand, applies to violation
of any two or more statutes, not just driving while intoxicated and
reckless driving. It is applicable only if "the same act" is a
violation of two or more statutes, not to offenses growing out of the same
act or acts. Furthermore, § 19.2-294 does not contemplate a continuous,
uninterrupted course of operation of a motor vehicle.
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:
