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.

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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.

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.

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