Lawyers Virginia Beach

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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Richard v. Commonwealth

Facts:

Appellant was convicted in Virginia Beach of aggravated involuntary manslaughter, in violation of Va. Code Ann. § 18.2-36.1(B), after his truck collided with a motorcycle. The court affirmed appellant's conviction. The trial court's admission of the results of a preliminary alco-sensor breath test was harmless error. The actual breathalyzer test, which was introduced into evidence without objection, indicated a higher concentration of alcohol than that obtained from the preliminary test. The trial court's admission of unrelated convictions for driving under the influence of (DUI) alcohol was also harmless error.

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Holdings:

The Virginia Court made the following holding:

• In a prosecution brought under Va. Code Ann. § 18.2-36.1, the Commonwealth is required to prove a causal connection between the driver's intoxication and the death of another person. Generally, causation is an issue for the jury to decide.
• The proper legal standard for conduct punishable under Va. Code Ann. § 18.2-36.1 is: any person who, as a result of driving under the influence in violation of Va. Code Ann. § 18.2-266(ii), (iii), or (iv) unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. The statute in clear and unmistakable terms requires proof of causation, nothing more, nothing less.

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.


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.