Showing posts with label Have you been charged for traffic violation in Virginia? Call 888-437-7747 for help.. Show all posts
Showing posts with label Have you been charged for traffic violation in Virginia? Call 888-437-7747 for help.. Show all posts
Monday, April 14, 2014
Virginia Beach DUI Lawyers Driving Influence 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.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
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.
Ray 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:
- An appellate court
reviews arguments regarding the constitutionality of a statute de novo.
When the constitutionality of a statute is challenged, the appellate court
is guided by the principle that all acts of the General Assembly are
presumed to be constitutional. Therefore, a statute will be construed in
such a manner as to avoid a constitutional question wherever this is
possible.
- 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.
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:
Saturday, April 12, 2014
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.
Have you been charged with a
traffic ticket in Virginia and need a lawyer to defend you?
Are you concerned about the
consequences of being charged for a traffic violation in Virginia?
We have defended many traffic
tickets in Virginia and we can help you as well.
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.
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).
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:
- 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.
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