Virginia Reckless Driving & Traffic Laws: 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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Mark v. Commonwealth

Facts:

The issue before Fairfax Court was whether the warrant charging defendant with driving under the influence of alcohol, second offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270, was invalid and unlawful. The 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

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Holdings:

The Virginia Court made the following holding:

An appellate court will review constitutional issues and questions of statutory interpretation de novo on appeal. While penal statutes must be strictly construed against the Commonwealth of Virginia, the plain, obvious, and rational meaning of a statute is always preferred to any curious, narrow or strained construction; a statute should never be construed so that it leads to absurd results. Furthermore, a court must give effect to the Virginia Legislature's intention as expressed by the language used unless a literal interpretation of the language would result in a manifest absurdity. While courts are bound to review de novo the ultimate questions of law raised by a case, a court will review findings of historical fact only for clear error and give due weight to inferences drawn from those facts by resident judges and local law enforcement officers.
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:

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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Fairfax	703-278-0405

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Virginia Driving Under Influence Fairfax Lawyers Violation Code 18.2-266

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