DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Driving Influence

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.

Thomson v. Commonwealth

Facts:

Defendant was charged on a warrant with driving under the influence (DUI). The Commonwealth's motion to nolle prosse the charge so a direct indictment could be brought was granted. Prior to trial on the indictment, defendant filed a motion in limine asking the court to dismiss the charge. The motion was denied. Following a bench trial, the Circuit Court of Virginia Beach convicted defendant of driving under the influence. Defendant appealed.

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:

To obtain a conviction for driving under the influence pursuant to Va. Code Ann. § 18.2-266(i), the Commonwealth must prove that the accused was operating a motor vehicle with a blood alcohol content of 0.08% or higher. Thus, the ultimate fact that the Commonwealth must prove is the alcohol content at the time of the driving. The statutory language of § 18.2-266(i) provides the basis for a presumption that the blood alcohol concentration while driving was the same as indicated by the results of the subsequent test. Unless rebutted, however, the test results are sufficient to establish the blood alcohol concentration at the time of driving.
The Due Process Clause does not prohibit the use of a permissive inference as a procedural device that shifts to a defendant the burden of producing some evidence contesting a fact that may otherwise be inferred, provided that the prosecution retains the ultimate burden of proof beyond a reasonable doubt.

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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