Friday, October 31, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax

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.

Franklin v. Commonwealth

Facts:

Defendant appealed the judgment of the Circuit Court of Fairfax (Virginia), which convicted defendant of driving under the influence (DUI), third or subsequent offense, a felony in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270. Defendant was also convicted for refusing to take a blood or breath test in violation of § 18.2-268.3, which she did not challenge on appeal.

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:

  • When considering the sufficiency of the evidence on appeal in a criminal case, an appellate court views the evidence in the light most favorable to the Commonwealth of Virginia, granting to it all reasonable inferences fairly deducible therefrom. Unless the appellate court concludes a witness's testimony must be rejected as a matter of law based on its inherent incredibility, it must defer to the credibility determinations of the fact finder, who has the opportunity of seeing and hearing the witnesses.
  • Pursuant to Va. Code Ann. § 18.2-268.2, the Commonwealth of Virginia's implied consent law, any person who operates a motor vehicle upon a highway in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood or breath taken in order to determine the alcohol or drug content of his blood, if he is arrested for violation of § 18.2-266 or § 18.2-266.1 within three hours of the alleged offense. § 18.2-268.2(A). Section 18.2-268.2(B) further provides that any person so arrested shall submit to a breath test and that if the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given.

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.
Wednesday, October 29, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax

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.

Lawson v. Commonwealth

Facts:

The Circuit Court of Fairfax (Virginia) convicted defendant of driving under the influence of alcohol (DUI), 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.

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. § 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:

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.

Virginia Traffic DUI Lawyers Fairfax 18.2-266 Code Violation

Virginia Traffic DUI Lawyers Fairfax


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.

Marker v. Commonwealth

Facts:

Defendant was convicted by the Circuit Court of Fairfax (Virginia) for driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266(ii). He contended the trial judge rendered impermissible, inconsistent verdicts by convicting him of a felony... The State responded that the record established the judge did not reject the evidence of driving under the influence (DUI) and that he gave an explanation, which established that the verdicts were not truly inconsistent. The court of appeals agreed with the State.

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:

  • Acknowledging he could not convict defendant of both reckless driving and driving under the influence of alcohol arising from the same act, the trial judge said he chose to give defendant a break, even though the evidence proved he was under the influence. This statement indicated the judge considered his ruling to be an act of lenity, and the ruling was not a product of confusion. Thus, there was no evidence that the verdicts were inconsistent.

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.
Monday, October 27, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax

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.

Leonard v. Commonwealth

Facts:

The Fairfax Court held that Va. Code Ann. § 18.2-266 defined a single offense of driving under the influence (DUI) and its subsections merely set forth the means by which the offense could be proven. Therefore, the warrant charging defendant with driving under the influence was not invalid because it was stated in the disjunctive form. The warrant described the nature and character of the offense it charged, and put defendant on notice that he would be tried for driving under the influence in violation of Va. Code Ann. § 18.2-266.

Additionally, probable cause supported the warrant as ample evidence suggested that defendant was driving under the influence of alcohol, which defendant conceded at trial.

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. § 18.2-266 defines a single offense, commonly referred to as driving under the influence, and its subsections merely set forth the means by which the offense of driving under the influence may be proved.
  • Va. Code Ann. § 18.2-266 provides that a charge alleging a violation of the section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v) of the section.

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.

Virginia Traffic DUI Lawyers Fairfax Alcohol Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax


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.

Miles v. Commonwealth

Facts:

Appellant sought review of the judgment of the Circuit Court of Fairfax (Virginia), which convicted him of driving under the influence (DUI) of alcohol.

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:

  • In order to assert a right to compulsory process, the accused is required to make a plausible showing that the testimony sought is both material and favorable to his defense.
  • Va. Code Ann. § 18.2-266, prohibits drinking alcohol and driving under either of two separate and distinct circumstances. Va. Code Ann. § 18.2-266(i), makes it unlawful for any person to drive or operate any motor vehicle while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test. Va. Code Ann. § 18.2-266(ii), prohibits driving while such person is under the influence of alcohol.
  • Being ''under the influence of alcohol," is established when any person has consumed enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation. Therefore, where the Commonwealth offers no chemical test results of an accused's blood or breath, the issue becomes whether the accused is under the influence, which has to be determined from all of the evidence of his condition at the time of the alleged offense.

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.
Friday, October 24, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax


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.

Will v. Commonwealth

Facts:

Defendant appealed the judgment from the Circuit Court of Fairfax (Virginia), which convicted him in a bench trial of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. § 18.2-266 and denied his motion to suspend the suspension of his operator's license pending appeal.

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 revocation of a privilege voluntarily granted is an act which is characteristically free of the punitive criminal element. The operation of a motor vehicle is a conditional privilege, which may be suspended or revoked under the police power. It is not a contract or property right in a constitutional sense. As such, driver's license suspensions historically have not been considered punishment in Virginia .
  • For a second Driving Under the Influence (DUI) conviction under Va. Code Ann. § 18.2-266, Va. Code Ann. § 18.2-271 requires that such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate a motor vehicle in the Commonwealth for a period of three years from the date of the judgment or conviction. The Supreme Court of Virginia has interpreted this language as "self-executing."

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.
Thursday, October 16, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

Virginia Traffic DUI Lawyers Fairfax


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.

Williams v. Commonwealth

Facts:

Defendant appealed his bench trial conviction by the Circuit Court of Fairfax County (Virginia) for a second offense of driving while intoxicated within five years, in violation of Va. Code § 18.2-266. Defendant contended that his prior DUI conviction and the results of the Breathalyzer test should not have been admitted into evidence and that he should have been permitted to cross-examine the arresting officer on his subjective intent.
.
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 § 18.2-270 establishes the penalties for violations of Code § 18.2-266 and provides for the enhanced punishment of second-time DUI offenders. The Supreme Court of the United States reaffirms the use of prior convictions for sentencing enhancement purposes, holding as follows: An un-counseled conviction which is valid may be relied upon to enhance the sentence for a subsequent offense, even though that sentence entails imprisonment. Enhancement statutes, whether in the nature of criminal history provisions such as those contained in the Sentencing Guidelines, or recidivist statutes, which are common place in state criminal laws, do not change the penalty imposed for the earlier conviction..
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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