Hampton Roads Virginia DUI Law Lawyers Attorneys

Suspended License Virginia Hampton Attorney Driving Intoxicated

asris — Wed, 29 May 2013 05:00:21 +0000

Suspended License Virginia Hampton Attorney Driving Intoxicated

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Stephen v. Commonwealth

Facts:

Defendant driver sought review of a judgment of the Circuit Court in Hampton (Virginia), which found that Va. Code Ann. § 46.2-391.2(A), which suspended the driver’s license after his failure to submit to a breath test in violation of Va. Code Ann. § 18.2-268.3, was civil and remedial, and thus did not violate constitutional double jeopardy.

If you are facing a traffic case in Hampton, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Suspended License Virginia Hampton Attorney Driving Intoxicated

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 46.2-391.2(A) provides in pertinent part that if a person refuses to submit to a breath test in violation of Va. Code Ann. § 18.2-268.3, upon issuance of a warrant for driving while intoxicated in violation of Va. Code Ann. § 18.2-266 or for refusing to take a blood or breath test in violation of Va. Code Ann. § 18.2-268.3, his operator’s license shall be suspended immediately for seven days.
Va. Code Ann. § 46.2-391.2(C) provides that any person whose operator’s license has been suspended under Va. Code Ann. § 46.2-391.2(A) may, during the period of the suspension, request the general district court where the arrest was made to review the suspension, and the request is given precedence over all other matters on the docket. If the person proves by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the suspension. Otherwise, the court shall affirm the suspension.
Because a charge of unreasonably refusing to submit to a blood or breath test is not criminal but administrative and civil in nature, an appeal lies directly to the court.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

A Virginia lawyer from our firm will talk with you about your DUI in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Courts we cover in Hampton, Virginia

Hampton Circuit Court

P. O. Box 40,
101 King’s Way Mall,
Hampton, VA 23669-0040.

Hampton General District Court

P. O. Box 70,
236 North King Street,,
Hampton, VA 23669-0070.

Hampton Juvenile and Domestic Relations District Court

220 North King Street,
P. O. Box 69104,
Hampton, VA 23669-9404.

Article written by A Sris

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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.

The post Suspended License Virginia Hampton Attorney Driving Intoxicated appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Virginia Hampton Traffic Lawyer Suspended License Speeding

asris — Tue, 21 May 2013 04:30:03 +0000

Virginia Hampton Traffic Lawyer Suspended License Speeding

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Craig v. Commonwealth

Facts:

Defendant appealed his conviction by the Circuit Court in Hampton (Virginia), for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding.

If you are facing a traffic case in Hampton, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Virginia Hampton Traffic Lawyer Suspended License Speeding

Holdings:

The Virginia Court made the following holding:

In considering a trial court’s ruling on a suppression motion, an appellate court views the evidence in the light most favorable to the prevailing party below, and the decision of the trial court will be disturbed only if plainly wrong. The appellate court’s review of the record includes evidence adduced at both the trial and the suppression hearing. On appeal, appellant carries the burden to show that the denial of a motion to suppress constitutes reversible error.
Reckless driving is a Class 1 misdemeanor. Va. Code Ann. § 46.2-868. The police have statutory authority to arrest for a misdemeanor traffic offense committed in an officer’s presence. Va. Code Ann. § 19.2-81. Once a defendant is lawfully arrested for reckless driving, an officer is authorized to undertake a related search of the vehicle’s passenger compartment. A custodial arrest of a suspect based on probable cause is a reasonable intrusion under the Fourth Amendment; that intrusion being lawful, a search incident to the arrest requires no additional justification.
In order to sustain a conviction for driving on a suspended license, the Commonwealth must prove that defendant was aware of the suspension.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Courts we cover in Hampton, Virginia

Hampton Circuit Court

P. O. Box 40,
101 King’s Way Mall,
Hampton, VA 23669-0040.

Hampton General District Court

P. O. Box 70,
236 North King Street,,
Hampton, VA 23669-0070.

Hampton Juvenile and Domestic Relations District Court

220 North King Street,
P. O. Box 69104,
Hampton, VA 23669-9404.

Article written by A Sris

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Disclaimer:

The post Virginia Hampton Traffic Lawyer Suspended License Speeding appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Virginia Hampton DUI Lawyers Subsequent Conviction

asris — Mon, 13 May 2013 22:30:46 +0000

Virginia Hampton DUI Lawyers Subsequent Conviction

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Williams v. Commonwealth

Facts:

Defendant and the State submitted arguments against and for conviction in the prosecution of defendant on the charge of driving under the influence (DUI) that was brought subsequent to his conviction for manslaughter arising from the same facts under which the DUI charge was being prosecuted.

If you are facing a traffic case in Hampton, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Virginia Hampton DUI Lawyers Subsequent Conviction

Holdings:

The Virginia Court made the following holding:

The test of the identity of the acts or offenses is whether the same evidence is required to sustain them; if not, then the fact that several charges grow out of the one transaction does not make a single act or offense where two separate acts or offenses are defined by statute..
The defendant’s position is that he cannot be convicted for DUI in view of his earlier conviction for manslaughter for the reason that both offenses would grow out of the same occurrence and such DUI conviction would contravene the prohibition of Section 19.2-294, et seq.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Courts we cover in Hampton, Virginia

Hampton Circuit Court

P. O. Box 40,
101 King’s Way Mall,
Hampton, VA 23669-0040.

Hampton General District Court

P. O. Box 70,
236 North King Street,,
Hampton, VA 23669-0070.

Hampton Juvenile and Domestic Relations District Court

220 North King Street,
P. O. Box 69104,
Hampton, VA 23669-9404.

Article written by A Sris

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Disclaimer:

The post Virginia Hampton DUI Lawyers Subsequent Conviction appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Hampton DUI Virginia Lawyers Alcohol Influence Blood Breath Tests Subsequent Offense

asris — Wed, 08 May 2013 00:09:00 +0000

Hampton DUI Virginia Lawyers Alcohol Influence Blood Breath Tests Subsequent Offense

Locke v. Commonwealth

Facts:

Following a bench trial in the Circuit Court of Hampton (Virginia), defendant was convicted on an amended indictment alleging that he violated Va. Code Ann. §§ 18.2-266, -270 by unlawfully and feloniously operating a motor vehicle while under the influence of alcohol (DUI) after having been convicted of 2 other DUI offenses within 10 years. Defendant appealed.

If you are facing a traffic case in Hampton, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Hampton DUI Virginia Lawyers Alcohol Influence Blood Breath Tests Subsequent Offense

Holdings:

The Virginia Court made the following holding:

Va. Code Ann. § 18.2-270 enhances the offense and attendant punishment for driving under the influence (DUI) from a misdemeanor to a felony upon conviction of a third or subsequent offense committed within 10 years of an offense under Va. Code Ann. § 18.2-266. The statute does not suggest that convictions for the requisite prior offenses must precede commission of the third or subsequent offense. Therefore, any third or subsequent DUI conviction within the period prescribed by Va. Code Ann. § 18.2-270 triggers the enhanced punishment. Otherwise, an offender could commit multiple unlawful acts of driving under the influence of alcohol without fear of being punished for a felony merely because the offender could not be tried and convicted quickly enough between offenses. An interpretation of the statute that allows a defendant to violate it with impunity would be contrary to the clear legislative intent.
The purpose of the implied consent law requiring a test to be taken is to determine the concentration of alcohol in a driver’s blood or breath sample, and thereby determine the driver’s state of intoxication or sobriety. Hence, Va. Code Ann. § 18.2-268.2 is integral to a statutory scheme of procedural requirements for the taking, handling, identifying, and disposing of blood samples, all of which facilitate the admissibility of the results of blood or breath tests at a trial for a Va. Code Ann. § 18.2-266 offense.

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Courts we cover in Hampton, Virginia

Hampton Circuit Court

P. O. Box 40,
101 King’s Way Mall,
Hampton, VA 23669-0040.

Hampton General District Court

P. O. Box 70,
236 North King Street,,
Hampton, VA 23669-0070.

Hampton Juvenile and Domestic Relations District Court

220 North King Street,
P. O. Box 69104,
Hampton, VA 23669-9404.

Article written by A Sris

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Disclaimer:

The post Hampton DUI Virginia Lawyers Alcohol Influence Blood Breath Tests Subsequent Offense appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Virginia DUI Hampton Lawyer Smelled Alcohol Evidence

asris — Wed, 10 Oct 2012 19:28:20 +0000

Circumstantial evidence proved defendant’s guilt of DUI where he was pinned behind steering wheel, was sole occupant of vehicle, drove his car erratically, had bloodshot, watery eyes, and smelled of alcohol in Hampton.

Virginia DUI Hampton Lawyer

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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The post Virginia DUI Hampton Lawyer Smelled Alcohol Evidence appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Virginia DUI Hampton Lawyers Code 46.2-384 Sufficient Evidence

asris — Sat, 06 Oct 2012 02:49:42 +0000

Under Va. Code Ann. § 46.2-384, a Department of Motor Vehicles transcript, certified pursuant to Va. Code Ann. § 46.2-215, was prima facie evidence of the facts stated therein and was therefore sufficient to prove defendant’s prior DUI offenses and support his conviction under Va. Code Ann. §§ 18.2-266 and 18.2-270 in in Hampton.

Virginia DUI Hampton Lawyers

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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The post Virginia DUI Hampton Lawyers Code 46.2-384 Sufficient Evidence appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

DUI Hampton Virginia Lawyer Code 19.2-249 Arrest

Abraham — Tue, 07 Aug 2012 01:19:16 +0000

Where DUI arrest did not comply with Va. Code Ann. § 19.2-249, arrest was unlawful and certificate of analysis was not admissible to establish intoxication; thus, DUI conviction was reversed. Habitual offender conviction was upheld as argument defendant was arrested in one jurisdiction and improperly prosecuted in another failed on facts in Hampton City.

DUI Hampton Virginia Lawyer

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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The post DUI Hampton Virginia Lawyer Code 19.2-249 Arrest appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

Driving Under Influence Hampton Virginia Lawyer Blood Test

Abraham — Mon, 06 Aug 2012 09:19:55 +0000

The commonwealth failed to prove that a blood test was unavailable to defendant on the date of his arrest for driving under the influence. He was not required to request a blood test after he had been told that no blood test was available in Hampton City.

Driving Under Influence Hampton Virginia Lawyer

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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The post Driving Under Influence Hampton Virginia Lawyer Blood Test appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

DUI Hampton Virginia Lawyer Code 18.2-269 Unconstitutional Blood Alcohol Level

Abraham — Sun, 05 Aug 2012 06:54:01 +0000

Hampton Court denied defendant’s motion to declare certain parts of Va. Code Ann. § 18.2-269 unconstitutional because the

Virginia General Assembly was well within its authority to find that a blood alcohol level of 0.08 and above created a

permissive inference that an individual was “under the influence of alcohol” as that term was used in § 18.2-266(ii).

DUI Hampton Virginia Lawyer

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to

discuss your DUI.

A Virginia lawyer from our firm will talk with you about your DUI in Virginia and advise you about your options. You can

count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your

case.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg &

Lynchburg.

Article written by A

Sris

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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.

The post DUI Hampton Virginia Lawyer Code 18.2-269 Unconstitutional Blood Alcohol Level appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.

DUI Hampton Virginia Lawyer Code 8.01-675.3

Abraham — Sat, 04 Aug 2012 08:07:09 +0000

Appeal was dismissed as, although defendant filed notice of appeal within 30-day time period under Va. Sup. Ct. R. 5A:6 and Va. Code Ann. § 8.01-675.3, failure to join county, which prosecuted him for DUI under Hampton City, Va., Code § 9.1 and was indispensable party, within that mandatory time period deprived appellate court of jurisdiction.

DUI Hampton Virginia Lawyer

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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The post DUI Hampton Virginia Lawyer Code 8.01-675.3 appeared first on Hampton Roads Virginia DUI Law Lawyers Attorneys.