Virginia Reckless Driving & Traffic Laws

Virginia Driving Under Influence Fairfax Lawyers Code 18.2-266

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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Carter v. Commonwealth

Facts:

Defendant in Fairfax moved the court to dismiss the warrant charging him with driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266, on the ground that he had been twice placed in double jeopardy in violation of the Fifth Amendment because his operator's license was administratively suspended for seven days pursuant to the results of a blood alcohol test following his DUI arrest.
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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