Friday, August 22, 2014

Virginia Driving Under Influence Fairfax Lawyers Violation Code 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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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.

Adam v. Commonwealth

Facts:

Defendant appealed her convictions by the Circuit Court of Fairfax (Virginia), for driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266 and for involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.1(A).

            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:

  • Where the arrest is untimely, the defendant is not deemed to have consented to the testing of his breath under the "implied consent" law. Receipt of the certificate of analysis into evidence is improper and the court recognizes the prejudicial effect the rebuttable presumption of intoxication has on the fact finder.
  • Va. Code Ann. § 18.2-36.1 stated at the time of the offense that any person who, as a result of driving under the influence in violation of § 18.2-266(ii), (iii), or (iv), unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. Section 18.2-36.1(A).
  • In a prosecution for involuntary manslaughter, the Commonwealth must prove an accidental killing that, although unintended, is the proximate result of negligence so gross, wanton, and culpable as to show a reckless disregard for human life. However, in a prosecution under Va. Code Ann. § 18.2-36.1(A), the Commonwealth is obligated to prove the accused drove under the influence in violation of § 18.2-266(ii), (iii), or (iv). 
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.

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Atchuthan Sriskandarajah on Channel 7 News

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