Monday, April 14, 2014
Virginia DUI Fairfax Lawyers Speeding 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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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
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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.
Andy v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Fairfax (Virginia) of DUI in violation of Va. Code Ann. §
18.2-266. He had previously pled guilty to speeding in violation of Va. Code
Ann. § 46.2-870. Both charges arose from the same course of driving. He
asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1
because the speeding conviction constituted a conviction for reckless driving.
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:
- Va. Code Ann. § 46.2-862
provides that a person shall be guilty of reckless driving who drives a
motor vehicle at a speed of twenty miles per hour or more in excess of the
applicable maximum speed limit of forty miles per hour or more. Under the
plain and unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be
charged and convicted of both DUI and reckless driving. A conviction of
either DUI or reckless driving, whether in simultaneous or successive
prosecutions, requires dismissal of the other charge if the other charge
arose from the same act or acts. Virginia 's double jeopardy statute, Va.
Code Ann. § 19.2-294, prohibits multiple convictions for separate offenses
arising out of same act, except where convictions obtained in single
prosecution. Reckless driving and speeding are separate and distinct
offenses.
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: