Thursday, February 27, 2014
Virginia Beach Drunk Driving Lawyers Traffic Habitual Offender
Virginia Beach
Drunk Driving 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.
Tim v. Commonwealth
Facts:
Following a bifurcated trial
in Virginia Beach, defendant was convicted of driving under the influence
(DUI), a third or subsequent offense within five years, and of driving after
being declared an habitual offender. The court found that the trial court did
not err by admitting evidence of defendant's prior DUI convictions, but did err
in admitting evidence of defendant's refusal to submit to field sobriety tests.
The court noted that Va. Code Ann. § 46.2-943 prohibited the introduction of
the entire traffic record during the guilt stage of trial but held that
evidence of the prior drunk driving convictions was admissible because prior drunk
driving convictions did not constitute the "traffic record" as
contemplated by § 46.2-943 where the offense charged was a subsequent offense
of DUI. The court held that evidence of a refusal to submit to field sobriety
tests, when used as evidence that defendant refused because he believed he might
fail, violated defendant's right against self-incrimination under Va. Const.
art. I, § 8. The court found that
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:
- Evidence of prior
driving under the influence (DUI) convictions does not constitute the
"traffic record" as contemplated by Va. Code Ann. § 46.2-943
where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense
of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge
requires proof of the prior DUI convictions.
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:
Email Us:
Our Phone #
Popular Posts
-
Virginia Beach Drunk Driving Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. ...
-
Virginia Beach Drunk Driving Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. ...
-
Virginia Beach Drunk Driving Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. ...
-
Virginia Beach Drunk Driving Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. ...
-
Virginia Beach Drunk Driving Lawyers Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm. ...
Powered by Blogger.