DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Violation Code 18.2-266

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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Franklin v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Virginia Beach (Virginia) convicting her of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270.

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Holdings:

The Virginia Court made the following holding:

On appeal, an appellate court reviews the evidence in the light most favorable to the Commonwealth. This principle requires the appellate court to discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom. Its examination of the record is not limited to the evidence mentioned by a party in trial argument or by the trial court in its ruling. In determining whether there is evidence to sustain a conviction, an appellate court must consider all the evidence admitted at trial that is contained in the record.
The current version of the implied consent statute, Va. Code Ann. § 18.2-268.2, imposes no obligation on an arresting officer to provide either a blood or a breath test. In fact, the implied consent statute does not require that an arresting officer compel submission to chemical testing. That conclusion is particularly true where the officer arrests a driver for driving under the influence of drugs in violation of Va. Code Ann. § 18.2-266(iii), (iv), or (v). Nothing in the implied consent statute imposes a mandatory duty on an arresting officer to obtain blood testing for drivers suspected of being under the influence of drugs.

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 Violation Code 18.2-266

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