DUI Lawyers Loudoun Virginia

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.

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.