Friday, March 21, 2014

Virginia Beach Drunk Driving Lawyers Felony Arrest

Virginia Beach Drunk Driving Lawyers

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

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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.

Edward v. Commonwealth

Facts:

Defendant was arrested by police on May 19, 2000, and charged with DUI in Virginia Beach. At the time, he had one conviction for DUI in 1994 and was awaiting trial on a DUI charge that resulted from an arrest in March 2000. Although police initially charged defendant with a misdemeanor, the Commonwealth successfully moved to nolle prosequi that charge after defendant was convicted of the March 2000 offense, and a grand jury subsequently indicted him for felony DUI. The appellate court held that (1) any third or subsequent drunk driving conviction within the 10-year period prescribed by Va. Code Ann. § 18.2-270 triggered the enhanced punishment provision of that section and defendant was properly convicted of felony DUI for driving under the influence on May 19, 2000, even though he had only one drunk driving conviction at the time he committed that offense; and (2) the fact that the misdemeanor DUI charge that was filed after defendant's arrest on May 19, 2000, was dismissed did not invalidate the results of the breath test he took within two hours of the time he was arrested on that date, and the trial court did not err by admitting the results of that test during defendant's felony DUI trial.

            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:

  • Va. Code Ann. § 18.2-270 enhances the offense and attendant punishment for driving under the influence (DUI) from a misdemeanor to a felony upon conviction of a third or subsequent offense committed within 10 years of an offense under Va. Code Ann. § 18.2-266. The statute does not suggest that convictions for the requisite prior offenses must precede commission of the third or subsequent offense. Therefore, any third or subsequent DUI conviction within the period prescribed by Va. Code Ann. § 18.2-270 triggers the enhanced punishment. Otherwise, an offender could commit multiple unlawful acts of driving under the influence of alcohol without fear of being punished for a felony merely because the offender could not be tried and convicted quickly enough between offenses. An interpretation of the statute that allows a defendant to violate it with impunity would be contrary to the clear legislative intent.
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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