DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Second Offense

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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Gerald v. Commonwealth

Facts:

Defendant was arrested for DUI first offense in Virginia Beach, and prior to trial, he was again arrested and charged with DUI second offense. Prior to a trial de novo in the circuit court for the first arrest, the district court convicted defendant of the lesser-included offense of DUI first offense for the second charge. On review, the court reversed his conviction for DUI second offense based on double jeopardy. Although a circuit court had discretion under Va. Code Ann. § 16.1-137 to amend a defective warrant, there could not be a trial de novo for the same offense after an acquittal by a court having authority to try the offense. The impossibility exception to double jeopardy did not apply because the Commonwealth had been aware of defendant’s prior DUI conviction and de novo appeal at the time of his prosecution on the DUI second offense charge. Defendant's trial de novo on the amended warrant charging DUI second offense could not be characterized as a subsequent prosecution for a new offense arising out of facts discovered after the conviction. Defendant was prosecuted for the same offense as originally charged and tried in the district court, of which he had been acquitted.

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:

In a trial de novo, a circuit court disregards the judgment of the district court, hears the evidence anew and may consider new evidence, and makes final disposition of the case as if the case had not proceeded to judgment in the district court. Once the trial de novo commences in the circuit court, the district court judgment is annulled, and is not thereafter available for any purpose. While circuit courts have substantial discretion to amend defective warrants upon de novo appeal from district courts, long-established double jeopardy principles mandate that there cannot be a trial de novo, or otherwise for the same offense after an acquittal by a court having authority and jurisdiction to try the offense.

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 Second Offense

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