Tuesday, March 18, 2014
Virginia Beach DUI Lawyers Intoxicants Code 18.2-270
Virginia Beach
DUI Lawyers
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.
Sawyer v. Commonwealth
Facts:
Defendant in Virginia Beach was
convicted of operating a vehicle under the influence of intoxicants (DUI) and received a suspended
sentence. Defendant was again convicted of a second DUI offense, and was required to
serve two days of a sentence imposed for the second conviction. In a
third DUI proceeding
against defendant, he alleged that he had not waived the right to counsel and
was not represented by counsel in the two prior DUI proceedings, and thus objected to the admission of the
prior convictions into evidence. The trial court admitted them into evidence,
the jury found defendant guilty "as charged," and defendant was
sentenced to a jail sentence, upon which the trial court entered judgment. The
appellate court affirmed, but the court reversed and remanded. The court found
that defendant was not represented by counsel at both prior proceedings. The
court held that defendant's first conviction was not constitutionally invalid
because defendant received a suspended sentence for his first conviction.
However, the court found the second conviction constitutionally infirm because
defendant had to serve two days in jail. Thus, the second conviction was
inadmissible in the third proceeding.
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:
- Where a driving under
the influence (DUI)
conviction is within 5 years of a first DUI conviction, a defendant is required to serve 48
hours of the sentence imposed for the previous conviction. Va. Code
Ann. § 18.2-270.
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:
Our Phone #
Popular Posts
-
Virginia Beach DUI Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. Have you...
-
Virginia Beach DUI Lawyers Search Arrest Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm...
-
Virginia Beach DUI Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. Have you...
-
Virginia Beach DUI Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. Have you...
-
Virginia Beach DUI Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. Have you...
Powered by Blogger.