DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Driving Influence Alcohol

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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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.

Painter v. Commonwealth

Facts:

Defendant was charged in Virginia Beach with driving his vehicle while under the influence (DUI) of alcohol, possession of a weapon as a felon and possession of illegal drugs. He filed a pretrial motion to suppress certain incriminating evidence challenging their admissibility.

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:

Va. Code Ann. § 18.2-268.2(A) (Michie 1996), deems a vehicle operator to have given the Commonwealth implied consent to alcohol testing if he is arrested on a drunk driving charge. Both the Virginia Supreme Court and the Virginia Court of Appeals have found an implicit qualifier in the statute, holding that the consent can be implied only when the driver is validly arrested.
For the crime of driving under the influence to be committed in the then-and-there presence of an arresting officer, the officer must either see or hear the accused actually driving or operating the vehicle. In addition, the presence requirement focuses only on the specific arresting officer. No police team approach can used to combine various officers' collective perceptions for purposes of an aggregate presence. A misdemeanor committed in one officer's presence, therefore, cannot be imputed to another officer, who actually makes the arrest, simply by relaying to him the relevant information.

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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