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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Justin v. Commonwealth

Facts:

The Fairfax Circuit Court (Virginia) convicted defendant of aggravated involuntary manslaughter under Va. Code Ann. § 18.2-36.1. Defendant appealed.

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Holdings:

The Virginia Court made the following holding:

• An involuntary manslaughter conviction under Va. Code Ann. § 18.2-36.1 requires a finding that the defendant was driving under the influence of either alcohol or drugs or a combination of alcohol and drugs, as specified in Va. Code Ann. § 18.2-266(ii), (iii) and (iv). Va. Code Ann. tit. 18.2, ch. 7, art. 2 governs the prosecution of driving a motor vehicle while intoxicated, and includes Va. Code Ann. § 18.2-266 as well as Va. Code Ann. §§ 18.2-268.1 through 268.11, which provide the steps for conducting breath and blood tests as related to the implied consent law.
• Results from a blood test are not necessary or required for a prosecution under Va. Code Ann. § 18.2-266 (ii), (iii), or (iv), and, thus, are not required for prosecution under Va. Code Ann. § 18.2-36.1. Only Va. Code Ann. § 18.2-266(i), the per se statute predicating guilt on blood alcohol content alone, requires blood test results. Va. Code Ann. § 18.2-36.1 does not require that the Commonwealth establish a violation of Va. Code Ann. § 18.2-266(i); it only requires that a violation of § 18.2-266(ii), (iii) or (iv) be shown.

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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.



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.