DUI Lawyers Virginia Beach: Virginia Beach DUI Lawyers Traffic Violation

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Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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Thompson Sr. v. Commonwealth

Facts:

Defendant contended that the trial court erred in failing to dismiss his manslaughter indictment because that conviction violated the Double Jeopardy Clause of U.S. Const. amend. V, and Va. Code Ann. § 19.2-294. The appellate court disagreed, finding that the driving while intoxicated statute, under which defendant had been previously convicted, and the vehicular aggravated involuntary manslaughter statute required proof of different elements.

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Holdings:

The Virginia Court made the following holding:

To determine whether two charges constitute the same offense, a court must consider the rule enunciated in Block-burger. Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. A double jeopardy violation exists only if the offenses always require proof of the same elements. In applying the Block-burger test, the court looks at the offenses charged in the abstract, without referring to the particular facts of the case under review.
Drunken driving is not only unlawful in itself, but it tends to make a defendant's dangerous conduct more dangerous.

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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