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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East v. Commonwealth

Facts:

Defendant was charged in Fairfax with driving under the influence of alcohol, in violation of Va. Code § 18.2-266, and he filed a motion to suppress the fruits of a warrantless arrest by an off-duty police officer outside his jurisdiction, including the results of a breath test obtained after the officer transported him to the police station.

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Holdings:

The Virginia Court made the following holding:

• The results of a blood or breath test provided by Va. Code § 18.2-268.2, Virginia 's implied consent law, are admissible only after a valid arrest, because otherwise the defendant's consent is invalid.
• If the results of an alcohol breath test are admissible, the commonwealth might be entitled to a rebuttable presumption that the defendant was intoxicated. However, if the breath test results are not admissible, the commonwealth must prove through other evidence that the defendant was intoxicated while driving. An admission by a defendant that he was drinking, coupled with his appearance and lack of coordination, is sufficient to support a conviction for driving under the influence of alcohol.

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.

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.