Lawyers Virginia Beach: Virginia Beach Drunk Driving Lawyers Traffic 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.

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Moon v. Commonwealth

Facts:

In a drunk driving case, the Circuit Court of Virginia Beach (Virginia) convicted defendant of driving under the influence of alcohol, Va. Code Ann. § 18.2-266, and maiming another person while driving under the influence of alcohol, Va. Code Ann. § 18.2-51.4. At first, the appellate court reversed his convictions, but the appellate court had since granted the Commonwealth's petition for a rehearing en banc, stayed the prior decision, and reinstated the appeal.

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Holdings:

The Virginia Court made the following holding:

Under familiar principles of appellate review, an appellate court views the evidence and all reasonable inferences fairly deducible from that evidence in the light most favorable to the Commonwealth, the party that prevailed below.
The results of a blood or breath test provided by the implied consent law, Va. Code Ann. § 18.2-268.2, are admissible against an accused in a trial for driving under the influence of alcohol only so long as the accused has first been validly arrested. Absent a valid, timely arrest, the Commonwealth has no right to collect the blood or breath sample in the first place and, a fortiori, even less right to offer into evidence test results based on the sample. If an accused is not validly arrested prior to the taking of his blood, his consent for blood alcohol testing is not implied, and his actual consent based upon a belief, generated by the officer's recitation of the implied consent law, that he was bound to submit to a test is invalid. Thus, an untimely arrest results in exclusion of the certificate of analysis of the blood.

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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Virginia Beach Drunk Driving Lawyers Traffic Code 18.2-266

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