Friday, February 21, 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.
Pollock v. Commonwealth
Facts:
Following a bench trial, the
Circuit Court of Loudoun (Virginia) convicted defendant of driving under the
influence (DUI), 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 United States
Supreme Court has provided the following "useful guideposts" for
determining whether a civil sanction has been transformed into a criminal
sanction for double jeopardy purposes: (1) whether the sanction involves
an affirmative disability or restraint, (2) whether it has historically
been regarded as a punishment, (3) whether it comes into play only on a
finding of scienter, (4) whether its operation will promote the
traditional aims of punishment-retribution or deterrence, (5) whether the
behavior to which it applies is already a crime, (6) whether an
alternative purpose to which it may rationally be connected is assignable
for it, and (7) whether it appears excessive in relation to the
alternative purpose assigned. However, these factors must be considered in
relation to the statute on its face, and only the clearest proof will
suffice to override legislative intent and transform what has been
denominated a civil remedy into a criminal penalty.
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:
