Friday, October 31, 2014

Virginia DUI Lawyers Loudoun Traffic Violation

Virginia DUI Lawyers Loudoun


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.

Jackson v. Commonwealth

Facts:

Defendant appealed from a judgment of the Circuit Court of Loudoun (Virginia), which convicted him of driving under the influence (DUI), a third or subsequent offense within five years in violation of Va. Code Ann. § 18.2-266, and of driving after being declared an habitual offender.

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:

  •  Evidence of prior driving under the influence (DUI) convictions and evidence of prior traffic records are not the same. Traffic records as contemplated by Va. Code Ann. § 46.2-943 contain prior suspensions and revocations of a driver's license and prior convictions of moving traffic violations, including, but not limited to, DUI convictions. Thus, while evidence of a prior DUI conviction may be a part of a traffic record, such evidence does not necessarily constitute the traffic record for purposes of the application of Va. Code Ann. § 46.2-943.

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.
Wednesday, October 29, 2014

Virginia DUI Lawyers Loudoun Unreasonable Seizures

Virginia DUI Lawyers Loudoun


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.

Banks v. Commonwealth

Facts:

Defendant sought review of a judgment of the Circuit Court of Loudoun (Virginia), which convicted him of driving under the influence of alcohol (DUI).

If you are facing a traffic case in Loudoun 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 Fourth Amendment to the United States Constitution provides that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Local law enforcement personnel are subject to the requirements of the Fourth Amendment under the Due Process Clause of the Fourteenth Amendment.

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.

Virginia DUI Lawyers Loudoun Penalty License Suspension

Virginia DUI Lawyers Loudoun

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.

Benjamin v. Commonwealth

Facts:

Defendant was convicted in the Loudoun General District Court (Virginia) for driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266. On a de novo appeal, he filed a motion to dismiss the charge and a motion to declare parts of Va. Code Ann. §§ 18.2-269 and 18.2-270 unconstitutional.

If you are facing a traffic case in Loudoun 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 civil penalty of a sixty-day administrative license suspension, coupled with a subsequent driving under the influence prosecution, is not violative of the Double Jeopardy clauses or of Va. Code Ann. § 19.2-294. The purpose of Va. Code Ann. § 46.2-391.2's administrative license suspension (ALS) requirements is civil in nature. The purpose of revoking a driver's license is not to punish the offender but to remove from the highways an operator who is a potential danger to other users. The ALS in Va. Code § 46.2-391.2 is a remedial sanction because its purpose is to protect the public from intoxicated drivers and to reduce alcohol related accidents and, therefore it does not constitute punishment for purposes of double jeopardy. Confirming this, the legislative history provides that the General Assembly was motivated by its desire to reduce alcohol-related crashes, fatalities, and injuries, and not to impose punishment.

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, October 27, 2014

Virginia DUI Lawyers Loudoun Suspended License

Virginia DUI Lawyers Loudoun


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.

Jim v. Commonwealth

Facts:

Following defendant's DUI arrest in Loudoun, defendant's operator's license was suspended for seven days pursuant to Va. Code Ann. 46.2-391.2, when testing revealed that defendant's blood alcohol content was greater than .08 grams per 210 liters of breath. Defendant moved to dismiss the outstanding DUI warrant, alleging that both the administrative license suspension (ALS) and the DUI warrant placed him twice in jeopardy in violation of the Fifth Amendment. The court denied the motion. The court concluded that the ALS constituted punishment, that the ALS and DUI were separate judicial proceedings, and that double jeopardy would attach only if the commonwealth pursued both the ALS action and the DUI prosecution based upon the per se results of the blood test pursuant to Va. Code Ann. § 18.2-266(i). If the commonwealth relied on refusal to take the blood alcohol test as a basis for the ALS action, its DUI prosecution under Va. Code Ann. §§ 18.2-266(ii), (iii), or (iv) would not trigger the double jeopardy bar. Given that defendant's warrant alleged only a general violation of Va. Code Ann. § 18.2-266, the court denied defendant's motion to dismiss until the commonwealth offered its proof.

If you are facing a traffic case in Loudoun 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 elements necessary for proof of the administrative license suspension are that the defendant must have refused a breath test or registered a blood alcohol content of .08 or higher and a warrant alleging violation of Va. Code Ann. § 18.2-266 or Va. Code Ann. § 18.2-268.3 must issue. The elements necessary for proof of the driving under the influence prosecution are that the defendant must have been operating a motor vehicle and the defendant must have violated one of the subsections of Va. Code Ann. § 18.2-266.

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.

Virginia DUI Lawyers Loudoun Second Subsequent Offense

Virginia DUI Lawyers Loudoun


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.

Xavier v. Commonwealth

Facts:

Defendant appealed his conviction by the Circuit Court of Loudoun (Virginia) of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Following defendant's appeal de novo to that court under Va. Code Ann. § 16.1-136, the circuit court amended to DUI second offense the warrant on which he was convicted of DUI first offense in a district court.

If you are facing a traffic case in Loudoun 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. § 16.1-133 provides that where a misdemeanant withdraws his appeal de novo from the district court before it is heard in the circuit court, his conviction and sentence by the district court are affirmed, either by operation of law if the appeal is withdrawn within ten days after conviction, or by order of the circuit court if the appeal is withdrawn more than ten days after 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.

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.
Friday, October 24, 2014

Virginia DUI Lawyers Loudoun Second Subsequent Offense

Virginia DUI Lawyers Loudoun


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.

Xavier v. Commonwealth

Facts:

After the Circuit Court of Loudoun (Virginia) denied defendant's motion to strike on the ground that defendant had failed to give proper notice of his challenge pursuant to Va. Code Ann. § 19.2-266.2, defendant was convicted of driving under the influence (DUI), a second or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Defendant appealed.

If you are facing a traffic case in Loudoun 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:

  • An appellate court utilizes an abuse of discretion standard when reviewing the trial judge's denial of an appellant's motion to consider a challenge to the constitutionality of a statute made after the statutory deadline Va. Code Ann. § 19.2-266.2. Under Va. Code Ann. § 19.2-266.2, defendants are required to take certain procedural steps in order to exercise or vindicate their constitutional rights. Such requirements are not unconstitutional but serve legitimate state interests in protecting against surprise, harassment, and undue delay. The Court of Appeals of Virginia has refused to consider a challenge to the constitutionality of a statute where a motion for dismissal of warrant or indictment on the ground that a criminal statute is unconstitutional was not properly presented to the trial court in compliance with Va. Code Ann. § 19.2-266.2.

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.
Thursday, October 23, 2014

Virginia DUI Lawyers Loudoun Violation Code 18.2-266

Virginia DUI Lawyers Loudoun


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.

Mike v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Loudoun (Virginia) of felony driving under the influence (DUI), third or subsequent offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270. Defendant appealed.

If you are facing a traffic case in Loudoun 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 enacting Va. Code Ann. § 46.2-384, the legislature, in its wisdom, determined that a Department of Motor Vehicles transcript, certified pursuant to Va. Code Ann. § 46.2-215, shall be prima facie evidence of the facts stated therein with respect to the prior offense. Prima facie evidence is sufficient to raise a presumption of fact or establish the fact in question unless rebutted.

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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