Monday, September 15, 2014
Virginia Driving Under Influence Fairfax Lawyers 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.
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.
Block v. Commonwealth
Facts:
The Fairfax Court held that Va. Code Ann. § 18.2-266
defined a single offense of driving under the influence and its subsections
merely set forth the means by which the offense could be proven. Therefore, the
warrant charging defendant with driving under the influence was not invalid
because it was stated in the disjunctive form.
The warrant described the nature and character of the offense it
charged, and put defendant on notice that he would be tried for driving under
the influence in violation of Va. Code Ann. § 18.2-266. Additionally, probable
cause supported the warrant as ample evidence suggested that defendant was
driving under the influence of alcohol, which defendant conceded at trial.
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:
- When the issues raised
and addressed in a decision are the same, the defendant is the same, and
the applicable facts are similar, a court will find the prior decision
highly persuasive.
- Va. Code Ann. § 18.2-266
defines a single offense, commonly referred to as driving under the
influence, and its subsections merely set forth the means by which the
offense of driving under the influence may be proved.
- Va. Code Ann. § 18.2-266
unambiguously authorizes warrants that generally charge the offense of
driving under the influence. The last clause of § 18.2-266 provides that a
charge alleging a violation of the section shall support a conviction
under clauses (i), (ii), (iii), (iv), or (v) of the section. Thus, §
18.2-266 does not require its individual subsections to be listed in a
warrant generally charging the offense of driving under the influence. As
the statute expressly allows the charge to be brought generally without
any reference to its subsections, it makes little difference whether
"and" or "or" is used to separate its subsections when
they are listed in a warrant. The Commonwealth of Virginia can generally
rely on any subsection of § 18.2-266 to prove a violation of that statute,
and the inclusion of its subsections in the text of a warrant actually
provides more notice of the charge to the accused than the statute
requires.
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:
Email Us:
Our Phone #
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
Virginia Reckless Driving Lawyer
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