Wednesday, April 16, 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.
Kassandra v. Commonwealth
Facts:
In a drunk driving case, the Defendant
appealed her convictions by the Circuit Court of Virginia Beach (Virginia), for
driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266
and for involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.1(A).
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:
- Virginia's "implied
consent" law, as it existed at the time of the offense, provided
that: (A) any person who operates a motor vehicle upon a highway in this
Commonwealth shall be deemed thereby, as a condition of such operation, to
have consented to have samples of his blood, breath, or both blood and
breath taken for a chemical test to determine the alcohol, drug, or both
alcohol and drug content of his blood, if he is arrested for a violation
of Va. Code Ann. § 18.2-266 (driving under the influence) or of a similar
ordinance within two hours of the alleged offense. Section 18.2-268.2(A).
If the blood or breathalyzer test reveals a particular level of blood
alcohol content (.10 percent at the date of the instant offense), the
Commonwealth is entitled to a rebuttable presumption that the defendant
was intoxicated. Section § 18.2-269.
- Where the court is
unable to say what effect the improperly admitted breathalyzer evidence
had on the trial court's decision, it cannot find as a matter of law that
the result would not have been different if such evidence had not been
considered by the trial court. The error is not harmless.
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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