Virginia DUI Lawyers Driving Under Influence VA Court

KENNETH WAYNE TURNER v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
Defendant appealed his conviction by the Circuit Court of the City of Charlottesville (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.
Defendant was arrested for DUI first offense, and prior to trial, he was again arrested and charged with DUI second offense. Prior to a trial de novo in the circuit court for the first arrest, the district court convicted defendant of the lesser-included offense of DUI first offense for the second charge. On review, the court reversed his conviction for DUI second offense based on double jeopardy. Although a circuit court had discretion under Va. Code Ann. § 16.1-137 to amend a defective warrant, there could not be a trial de novo for the same offense after an acquittal by a court having authority to try the offense. The impossibility exception to double jeopardy did not apply because the Commonwealth had been aware of defendant's prior DUI conviction and de novo appeal at the time of his prosecution on the DUI second offense charge. Defendant's trial de novo on the amended warrant charging DUI second offense could not be characterized as a subsequent prosecution for a new offense arising out of facts discovered after the conviction. Defendant was prosecuted for the same offense as originally charged and tried in the district court, of which he had been acquitted.
The court reversed the circuit court judgment, set aside the conviction for DUI second offense, and remanded for resentencing of the DUI first offense conviction.
If you have been charged with a DUI in Virginia, contact the SRIS Law Group Virginia DUI lawyers for help.