Friday, October 31, 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.

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.

Watson v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax (Virginia) of driving under the influence and aggravated involuntary manslaughter, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-36.1(B), respectively. He appealed.

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:

  • Va. Code Ann. § 18.2-268.3 provides that if an arrestee for driving under the influence refuses repeatedly to submit to blood or breath testing after being advised of the possible consequences of such refusal, no blood or breath samples shall be taken, and if charged with unreasonably refusing to submit to such testing, the arrestee may introduce evidence to try to establish that his refusal was reasonable.
  • Where an arresting officer has probable cause to believe an incoherent or unconscious driver has violated Va. Code Ann. § 18.2-266, prohibiting driving under the influence of alcohol, the implied consent law, Va. Code Ann. § 18.2-268.2, operates to permit the taking and testing of blood from that driver. Incoherence or unconsciousness does not constitute a refusal, reasonable or unreasonable, because consent is continuing.

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.

Wednesday, October 29, 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.

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.

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.

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:

  • 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.

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.

Virginia Driving Under Influence Fairfax Lawyers Breath Blood Test

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.

Arnold v. Commonwealth

Facts:

Defendant appealed from his DUI conviction by the Circuit Court of Fairfax (Virginia) in violation of Va. Code Ann. § 18.2-266(ii).

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:

  • Though breath or blood tests can provide evidence of intoxication, they are not necessary or required to prove driving under the influence of alcohol or drugs. The observable characteristics of the defendant's manner, disposition, speech, muscular movement, general appearance or behavior may alone provide sufficient proof of intoxication.

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.
Monday, October 27, 2014

Virginia Driving Under Influence Fairfax Lawyers Alcohol Evidence

Virginia Driving Under Influence Fairfax Lawyers Alcohol

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.

Stephenson v. Commonwealth

Facts:

Defendant was charged in Fairfax with driving his vehicle while under the influence (DUI) of alcohol, possession of a weapon as a felon and possession of illegal drugs. He filed a pretrial motion to suppress certain incriminating evidence challenging their admissibility.

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 weighing the evidence, the fact finder is not required to accept entirely either the Commonwealth's or the defendant's account of the facts, but may reject that which it finds implausible, and accept other parts which it finds to be believable
  • For the crime of driving under the influence to be committed in the then-and-there presence of an arresting officer, the officer must either see or hear the accused actually driving or operating the vehicle. In addition, the presence requirement focuses only on the specific arresting officer. No police team approach can used to combine various officers' collective perceptions for purposes of an aggregate presence. A misdemeanor committed in one officer's presence, therefore, cannot be imputed to another officer, who actually makes the arrest, simply by relaying to him the relevant information.

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.

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.

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.

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:

  • 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.

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.
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.

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.

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.
Thursday, October 16, 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.

Alexander v. Commonwealth

Facts:

The Circuit Court of Fairfax (Virginia) convicted defendant of driving under the influence of alcohol, Va. Code Ann. § 18.2-266, and maiming another person while driving under the influence of alcohol, Va. Code Ann. § 18.2-51.4. At first, the appellate court reversed his convictions, but the appellate court had since granted the Commonwealth's petition for a rehearing en banc, stayed the prior decision, and reinstated the appeal.

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:


  • Under familiar principles of appellate review, an appellate court views the evidence and all reasonable inferences fairly deducible from that evidence in the light most favorable to the Commonwealth, the party that prevailed below.
  • If a blood or breath test reveals a blood alcohol concentration of .08 percent or more, the Commonwealth is entitled to a rebuttable presumption that the person was intoxicated.
  • The results of a blood or breath test provided by the implied consent law, Va. Code Ann. § 18.2-268.2, are admissible against an accused in a trial for driving under the influence of alcohol only so long as the accused has first been validly arrested. Absent a valid, timely arrest, the Commonwealth has no right to collect the blood or breath sample in the first place and, a fortiori, even less right to offer into evidence test results based on the sample. If an accused is not validly arrested prior to the taking of his blood, his consent for blood alcohol testing is not implied, and his actual consent based upon a belief, generated by the officer's recitation of the implied consent law, that he was bound to submit to a test is invalid. Thus, an untimely arrest results in exclusion of the certificate of analysis of the blood.


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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