Wednesday, February 26, 2014

Virginia DUI Lawyers Loudoun Third Subsequent Offense Habitual Offender

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.

Eddy v. Commonwealth

Facts:

Following a bifurcated trial, defendant was convicted of driving under the influence (DUI), a third or subsequent offense within five years, and of driving after being declared an habitual offender in Loudoun. The court found that the trial court did not err by admitting evidence of defendant's prior DUI convictions, but did err in admitting evidence of defendant's refusal to submit to field sobriety tests. The court noted that Va. Code Ann. § 46.2-943 prohibited the introduction of the entire traffic record during the guilt stage of trial but held that evidence of the prior DUI convictions was admissible because prior DUI convictions did not constitute the "traffic record" as contemplated by § 46.2-943 where the offense charged was a subsequent offense of DUI. The court held that evidence of a refusal to submit to field sobriety tests, when used as evidence that defendant refused because he believed he might fail, violated defendant's right against self-incrimination under Va. Const. art. I, § 8. The court found that the trial court erred by admitting evidence of defendant's refusal and that the error was not harmless.

            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 does not constitute the "traffic record" as contemplated by Va. Code Ann. § 46.2-943 where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge requires proof of the prior DUI convictions.
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.

Our Phone #

Loudoun Virginia

Loudoun 703-278-0405
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