DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Suspended License

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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Bennett v. Commonwealth

Facts:

Following defendant's DUI arrest in Virginia Beach, defendant's operator's license was suspended for seven days pursuant to Va. Code Ann. 46.2-391.2, when testing revealed that defendant's blood alcohol content was greater than .08 grams per 210 liters of breath. Defendant moved to dismiss the outstanding DUI warrant, alleging that both the administrative license suspension (ALS) and the DUI warrant placed him twice in jeopardy in violation of the Fifth Amendment. The court denied the motion. The court concluded that the ALS constituted punishment, that the ALS and DUI were separate judicial proceedings, and that double jeopardy would attach only if the commonwealth pursued both the ALS action and the DUI prosecution based upon the per se results of the blood test pursuant to Va. Code Ann. § 18.2-266(i). If the commonwealth relied on refusal to take the blood alcohol test as a basis for the ALS action, its DUI prosecution under Va. Code Ann. §§ 18.2-266(ii), (iii), or (iv) would not trigger the double jeopardy bar. Given that defendant's warrant alleged only a general violation of Va. Code Ann. § 18.2-266, the court denied defendant's motion to dismiss until the commonwealth offered its proof.

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Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 46.2-391.2 provides in part that if a breath test is taken pursuant to Va. Code Ann. § 18.2-268.2 or any similar ordinance of any county, city, or town and the results show a blood alcohol content of 0.08 percent or more by weight or by volume or 0.08 grams or more per 210 liters of breath, or the person refuses to submit to the breath test in violation of Va. Code Ann. § 18.2-268.3 or any similar local ordinance, and upon issuance of a warrant by the magistrate for a violation of Va. Code Ann. §§ 18.2-266 or 18.2-268.3, or any similar local ordinance, the person's license shall be suspended immediately for seven days. The magistrate is a judicial officer for this purpose and his decision is pursuant to a judicial proceeding. Va. Const. art. VI, § 8. Va. Code Ann. § 19.2-48.1.

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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