Friday, October 24, 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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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.

Evans v. Commonwealth

Facts:

The issue before the Fairfax Court was whether defendant was properly convicted of driving under influence, in violation of Va. Code Ann. § 18.2-266.

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:

  • Voluntary intoxication is generally not an excuse for any crime. The only exception to this general rule is in cases involving deliberate and premeditated murder. A voluntarily intoxicated individual may not be aware of what is happening but would nevertheless be responsible for his conduct while in such a state.
  • There is no mens rea requirement in Va. Code Ann. § 18.2-266. As long as the Commonwealth of Virginia proves beyond a reasonable doubt that an intoxicated individual operated his vehicle, regardless of intent, he is guilty of driving while under the influence.
  • Va. Code Ann. § 46.2-100 defines "operator" or "driver" as every person who either (i) drives or is in actual physical control of a motor vehicle on a highway; or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. This definition has been approved for the purpose of determining whether a person "operates" a motor vehicle within the meaning of Va. Code Ann. § 18.2-266. When an intoxicated person is seated behind the steering wheel of a motor vehicle on a public highway and the key is in the ignition switch, he is in actual physical control of the vehicle and, therefore, is guilty of operating the vehicle while under the influence of alcohol within the meaning of § 18.2-266. The position of the key in the ignition is not determinative.

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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