Criminal/DUI Defense - Virginia Lawyers

Virginia Traffic DUI Lawyers Fairfax

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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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.

Jim v. Commonwealth

Facts:

Following a bifurcated trial in Fairfax, defendant was convicted of driving under the influence (DUI), a third or subsequent offense within five years, and of driving after being declared an habitual offender. The court found that the trial court did not err by admitting evidence of defendant's prior DUI convictions, but did err in admitting evidence of defendant's refusal to submit to field sobriety tests. The court noted that Va. Code Ann. § 46.2-943 prohibited the introduction of the entire traffic record during the guilt stage of trial but held that evidence of the prior DUI convictions was admissible because prior DUI convictions did not constitute the "traffic record" as contemplated by § 46.2-943 where the offense charged was a subsequent offense of DUI. The court held that evidence of a refusal to submit to field sobriety tests, when used as evidence that defendant refused because he believed he might fail, violated defendant's right against self-incrimination under Va. Const. art. I, § 8. The court found that the trial court erred by admitting evidence of defendant's refusal and that the error was not harmless.

            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:

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.

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