Tuesday, September 16, 2014
Virginia Beach DUI Lawyers Traffic Code 18.2-266 Second Offense
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.
Robert v. Commonwealth
Facts:
Defendant challenged a
judgment from the Circuit Court in Virginia Beach (Virginia), which convicted
defendant of second offense driving under the influence (DUI).
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:
- In order to convict a
defendant, it is necessary that the Commonwealth establish two things: (1)
that defendant was operating or driving a motor vehicle, and (2) that he
was under the influence of intoxicants at the time he was driving or
operating it. Va. Code Ann. § 18.2-266 makes it unlawful to drive or
operate a motor vehicle while under the influence of alcohol.
- To prove that an accused
is guilty of violating Va. Code Ann. § 18.2-266, it is not necessary to
show that the vehicle was "moved" or "driven" from one
place to another. The word "operate," as used in § 18.2-266, is
not limited to movement of the vehicle. The prosecution need only show an
accused was under the influence of alcohol, or had an excessive blood
alcohol content, and while in that condition, was "in actual physical
control of the vehicle."
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.
Monday, September 15, 2014
Virginia Beach DUI Lawyers Traffic Driving Influence Blood Test
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.
Richardson v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Virginia Beach of driving under the influence of alcohol
(DUI). He appealed.
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:
- The implied consent law
operates to permit the taking and testing of blood from an unconscious driver
and that incoherence or unconsciousness does not constitute a refusal,
reasonable or unreasonable, because consent is continuing. The taking of
blood is permitted, but nothing suggests it is mandated.
- Test results from a
breath or blood test are not necessary or required to prove driving under
the influence of alcohol or drugs.
- The result of a breath
analysis is but auxiliary proof which may tend to corroborate evidence of
the objective symptoms of intoxication.
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:
Monday, August 25, 2014
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.
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.
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.
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:
- 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:
Friday, August 22, 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.
Robert v. Commonwealth
Facts:
In a drunk driving case, the
Court of Appeals (Virginia) entered a judgment that affirmed defendant's
conviction in Virginia Beach following a bench trial for driving under the
influence of a narcotic drug in violation of Va. Code Ann. § 18.2-266.
Defendant appealed.
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:
- The construction of a
statute presents a question of law that a reviewing court reviews de novo
upon appeal. When a court construes a penal statute, the court must not
add to the words of that statute, nor ignore the statute's actual words,
and the court must strictly construe the statute and limit its application
to cases clearly within the scope of that statute. Also, every part of a
statute is presumed to have some effect and no part will be considered
meaningless unless absolutely necessary.
- A reviewing court must
assume that the General Assembly chose, with care, the words it used in
enacting the statute, and it is bound by those words when it applies the
statute.
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:
Monday, August 18, 2014
Virginia Beach DUI Lawyers Traffic Blood Test Driving Influence
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.
Barney v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Virginia Beach of driving under the influence (DUI) of
alcohol. He appealed.
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:
- The implied consent law
operates to permit the taking and testing of blood from an unconscious
driver and that incoherence or unconsciousness does not constitute a
refusal, reasonable or unreasonable, because consent is continuing. The
taking of blood is permitted, but nothing suggests it is mandated.
- Test results from a
breath or blood test are not necessary or required to prove driving under
the influence of alcohol or drugs.
- The result of a breath
analysis is but auxiliary proof which may tend to corroborate evidence of
the objective symptoms of intoxication.
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:
Friday, August 15, 2014
Virginia Beach DUI Lawyers Traffic Violation Code 18.2-266 Speeding
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.
Foreman v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Virginia Beach (Virginia) of DUI in violation of Va. Code
Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va.
Code Ann. § 46.2-870. Both charges arose from the same course of driving. He
asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1
because the speeding conviction constituted a conviction for reckless driving.
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. § 19.2-294.1
provides that whenever any person is charged with driving under the
influence of alcohol and reckless driving growing out of the same act or
acts and is convicted of one of these charges, the court shall dismiss the
remaining charge.
- Va. Code Ann. § 46.2-862
provides that a person shall be guilty of reckless driving who drives a
motor vehicle at a speed of twenty miles per hour or more in excess of the
applicable maximum speed limit of forty miles per hour or more.
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.
Sunday, April 27, 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.
Mason v. Commonwealth
Facts:
In a drunk driving case, the Defendant
was convicted in the Circuit Court of Virginia Beach (Virginia) of driving
under the influence (DUI) and aggravated involuntary manslaughter, in violation
of Va. Code Ann. §§ 18.2-266 and 18.2-36.1(B), respectively. He appealed.
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. §
18.2-268.3 provides that if an arrestee for driving under the influence
refuses repeatedly to submit to blood or breath testing after being
advised of the possible consequences of such refusal, no blood or breath samples
shall be taken, and if charged with unreasonably refusing to submit to
such testing, the arrestee may introduce evidence to try to establish that
his refusal was reasonable.
- Where an arresting
officer has probable cause to believe an incoherent or unconscious driver
has violated Va. Code Ann. § 18.2-266, prohibiting driving under the
influence of alcohol, the implied consent law, Va. Code Ann. § 18.2-268.2,
operates to permit the taking and testing of blood from that driver.
Incoherence or unconsciousness does not constitute a refusal, reasonable
or unreasonable, because consent is continuing.
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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