Friday, April 11, 2014

Virginia Driving Under Influence Fairfax Lawyers 18.2-266

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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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.

Charles v. Commonwealth

Facts:

Defendant was convicted in 1983 under the "drunk in public" statute, Va. Code Ann. § 18.2-388, for operating a motor vehicle while under the influence of alcohol. Defendant was convicted in 1985 under the "driving under the influence" statute, Va. Code Ann. § 18.2-266, for driving with a blood alcohol concentration of 0.15 percent.

            If you are facing a traffic case in Fairfax 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:

  • Va. Code Ann. § 46.2-351(b) details the requirements for finding a person an habitual offender. A court must determine that a person has accrued on his driving record: Three or more convictions singularly or in combination, of the following separate offenses arising out of separate acts: Driving or operating a motor vehicle while under the influence of intoxicants or drugs in violation of Va. Code Ann. § 18.2-266 or Va. Code Ann. § 46.2-341.24(A).
  •  Va. Code Ann. § 46.2-351 defines an "habitual offender." Va. Code Ann. § 46.2-351(1) lists the types of convictions which, when numbering three or more, justify a finding of habitual offender status. Va. Code Ann. § 46.2-351(1)(b) describes one such conviction as being for driving or operating a motor vehicle while under the influence of intoxicants or drugs in violation of Va. Code Ann. § 18.2-266 or Va. Code Ann. § 46.2-341.24(A). Va. Code Ann. § 46.2-351(1)(b) does not describe such a conviction as being for driving or operating a motor vehicle while under the influence of intoxicants or drugs in violation of Va. Code Ann. § 18.2-266 except for Va. Code Ann. § 46.2-351(1)(b)(i).
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.

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