DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Code 18.2-266 Blood Alcohol

Virginia Beach DUI Lawyers

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

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Martin v. Commonwealth

Facts:

A general district court found defendant guilty of drunk driving under Va. Code Ann. § 18.2-266. Defendant appealed. A jury in the circuit court found defendant guilty as charged. The Circuit Court of Virginia Beach (Virginia) denied defendant's motion to set aside the verdict and entered final judgment. Defendant appealed.

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Holdings:

The Virginia Court made the following holding:

A DUI verdict finding an accused guilty "as charged" in a warrant citing Va. Code Ann. § 18.2-266 requires that an appellate court address on appeal both Va. Code Ann. § 18.2-266(i) and (ii).
Va. Code Ann. § 18.2-266(i), prohibits driving with 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.
Va. Code Ann. § 18.2-266(i) permits a factfinder to infer that the blood alcohol concentration (BAC) level determined by a timely breath test accurately states the BAC level at the time of driving. While sometimes called a "rebuttable presumption," the later-BAC-implies-prior-BAC principle underlying § 18.2-266(i) is no more than a permissible evidentiary inference that the factfinder may accept or reject. Understood that way, the inference violates no constitutional norms.

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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Virginia Beach DUI Lawyers Code 18.2-266 Blood Alcohol

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