DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Field Sobriety Tests

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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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.

Powell v. Commonwealth

Facts:

A police officer stopped defendant for speeding, tailgating, and repeatedly weaving across the centerline of the road in Virginia Beach. Defendant's speech was very slurred, he had a strong odor of alcohol about his person, and he failed the field sobriety tests. After defendant had been arrested for DUI, he requested and was given a breath test, the results of which showed a blood alcohol concentration of .17 percent. In affirming defendant's conviction by the trial judge, the court held that defendant's prior conviction for DUI had been properly admitted for enhancement purposes under Va. Code § 18.2-270 because the Commonwealth had met its burden of persuasion when it offered a certified copy of the final conviction. Defendant did not overcome the presumption of the regularity of his prior guilty plea because he had been represented by counsel and did not allege that the Commonwealth had engaged in misconduct. The court held that cross-examination of the police officer about his subjective intent at the time of defendant's arrest was irrelevant. The admission of the Breathalyzer was proper because the police officer had substantially complied with the requirements of Va. Code § 18.2-268.9.

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:

A voluntary and intelligent plea of guilty made by an accused person, who has been advised by competent counsel, may not be collaterally attacked. It is only when the consensual character of the plea is called into question that the validity of a guilty plea may be impaired. Thus, only when it develops that the defendant was not fairly apprised of its consequences can his plea be challenged under the Due Process Clause. The ban on collateral attacks of underlying offenses is based on the principle that every act of a court of competent jurisdiction is presumed to have been rightly done, till the contrary appears.

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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