Tuesday, April 15, 2014
Virginia Beach Drunk Driving Lawyers Traffic Violation Code 18.2-266
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.
Gerald v. Commonwealth
Facts:
In a drunk driving case the
issue was whether defendant was properly convicted in Virginia Beach of driving
while intoxicated, in violation of Va. Code Ann. § 18.2-266. The trial court did not err in ruling that
the Commonwealth of Virginia's evidence excluded every reasonable hypothesis of
defendant's innocence and was consistent only with his guilt because defendant
was found asleep in the driver's seat of his pickup truck on the side of the
road and with his foot on the brake, the engine running, and the truck in gear.
Moreover, a chemical test of defendant's breath alcohol content showed that he
was legally intoxicated; The trial court did not err in rejecting any need for
the Commonwealth to prove that defendant possessed the requisite mens rea to
justify a conviction for the offense of driving under the influence of alcohol
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:
- Voluntary intoxication
is generally not an excuse for any crime. The only exception to this
general rule is in cases involving deliberate and premeditated murder. A
voluntarily intoxicated individual may not be aware of what is happening
but would nevertheless be responsible for his conduct while in such a
state.
- In light of the Virginia
Legislature's omission of a mens rea requirement in Va. Code Ann. §
18.2-266 and the public safety concern underlying the statute, Virginia
courts have treated a defendant's intent to operate a vehicle as
unnecessary to a determination of guilt for driving while under the
influence pursuant to § 18.2-266. In keeping with this interpretation, it
is not necessary to prove a defendant's purpose to find that he did in
fact operate a vehicle pursuant to § 18.2-266.
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.