DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Second Offense 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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Crawford v. Commonwealth

Facts:

Defendant challenged a judgment from the Circuit Court in Virginia Beach (Virginia), which convicted defendant of second offense driving under the influence (DUI).

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Holdings:

The Virginia Court made the following holding:

In order to convict a defendant, it is necessary that the Commonwealth establish two things: (1) that defendant was operating or driving a motor vehicle, and (2) that he was under the influence of intoxicants at the time he was driving or operating it. Va. Code Ann. § 18.2-266 makes it unlawful to drive or operate a motor vehicle while under the influence of alcohol.
Va. Code Ann. § 18.2-266 defines a single offense, commonly referred to as DUI, and the subsections merely set forth the means by which the offense of driving under the influence may be proved.
To prove that an accused is guilty of violating Va. Code Ann. § 18.2-266, it is not necessary to show that the vehicle was "moved" or "driven" from one place to another. The word "operate," as used in § 18.2-266, is not limited to movement of the vehicle. The prosecution need only show an accused was under the influence of alcohol, or had an excessive blood alcohol content, and while in that condition, was "in actual physical control of the vehicle."

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.

DUI Lawyers Virginia Beach

Virginia Beach DUI Lawyers Second Offense Code 18.2-266

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