Monday, April 14, 2014
Virginia Beach Drunk Driving Lawyers Traffic Misdemeanor
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.
Harry v. Commonwealth
Facts:
Defendant was convicted of drunk
driving (DUI) in Virginia Beach and received a suspended sentence. Defendant
was again convicted of a second drunk driving offense, and was required to
serve two days of a sentence imposed for the second conviction. In a third DUI
proceeding against defendant, he alleged that he had not waived the right to
counsel and was not represented by counsel in the two prior DUI proceedings,
and thus objected to the admission of the prior convictions into evidence. The
trial court admitted them into evidence, the jury found defendant guilty
"as charged," and defendant was sentenced to a jail sentence, upon
which the trial court entered judgment. The appellate court affirmed, but the
court reversed and remanded. The court found that defendant was not represented
by counsel at both prior proceedings. The court held that defendant's first
conviction was not constitutionally invalid because defendant received a suspended
sentence for his first conviction. However, the court found the second
conviction constitutionally infirm because defendant had to serve two days in
jail. Thus, the second conviction was inadmissible in the third proceeding.
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:
- To convict a defendant
of a second driving under the influence (DUI) offense within 5 to 10 years
of a prior DUI conviction, the prior offense must be charged and proven. An
uncounseled misdemeanor conviction resulting only in a fine can be used to
enhance the punishment for a subsequent conviction.
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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