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.
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.
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.
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