Monday, April 7, 2014
Virginia DUI Fairfax Lawyers Driving Influence Code 18.2-266
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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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.
Michael v. Commonwealth
Facts:
The Circuit Court of Fairfax (Virginia)
convicted defendant of driving under the influence (DUI) of alcohol, Va. Code
Ann. § 18.2-266, and maiming another person while driving under the influence
of alcohol, Va. Code Ann. § 18.2-51.4. At first, the appellate court reversed
his convictions, but the appellate court had since granted the Commonwealth's
petition for a rehearing en banc, stayed the prior decision, and reinstated the
appeal.
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reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Va. Code Ann. §
18.2-268.2, Virginia 's implied consent law, provides, in part, that (A)
any person who operates a motor vehicle upon a highway in the Commonwealth
of Virginia shall be deemed thereby, as a condition of such operation, to
have consented to have samples of his blood, breath, or both taken for a
chemical test to determine the alcohol content of his blood, if he is
arrested for violation of Va. Code Ann. § 18.2-266 within three hours of
the alleged offense; and (B) any person so arrested shall submit to a
breath test. If the breath test is unavailable or the person is physically
unable to submit to the breath test, a blood test shall be given.
- The results of a blood
or breath test provided by the implied consent law, Va. Code Ann. §
18.2-268.2, are admissible against an accused in a trial for driving under
the influence of alcohol only so long as the accused has first been
validly arrested. Absent a valid, timely arrest, the Commonwealth has no
right to collect the blood or breath sample in the first place and, a
fortiori, even less right to offer into evidence test results based on the
sample. If an accused is not validly arrested prior to the taking of his
blood, his consent for blood alcohol testing is not implied, and his
actual consent based upon a belief, generated by the officer's recitation
of the implied consent law, that he was bound to submit to a test is
invalid. Thus, an untimely arrest results in exclusion of the certificate
of analysis of the blood.
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: