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Mason v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Fairfax (Virginia), which convicted defendant of perjury in contravention of Va. Code § 18.2-434 in connection with his testimony at trial on a charge of driving a motor vehicle on a public highway after his privilege to drive had been suspended. Defendant testified at that trial that he had not received notice that his driving license had been suspended.

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

Virginia Fairfax Traffic Lawyer Public Highway Suspended Driving

Holdings:

The Virginia Court made the following holding:

• Va. Code § 18.2-434 provides in part: If any person to whom an oath is lawfully administered on any occasion willfully swear falsely on such occasion touching any material matter or thing, he shall be guilty of perjury.
• In a prosecution under Va. Code § 18.2-434, the Commonwealth of Virginia must prove beyond a reasonable doubt, inter alia, that defendant willfully swore falsely. If the defendant believes the facts stated by him to be true, he may not properly be said to have willfully sworn falsely to such facts.
• If the untrue representation does not touch any material matter or thing in the trial, Va. Code § 18.2-434, the mere falsity of the statement alone will not sustain a perjury conviction. The testimony must have been relevant in the trial of the case, either to the main issue or some collateral issue.

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 traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.

A Virginia lawyer from our firm will talk with you about your traffic ticket 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.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

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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 Virginia Fairfax Traffic Lawyer Public Highway Suspended Driving appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Smith v. Commonwealth

Facts:

            The Circuit Court of Fairfax (Virginia) convicted defendant of involuntary manslaughter, speeding and reckless driving. Defendant appealed his conviction for involuntary manslaughter.

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

Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle

Holdings:

            The Virginia Court made the following holding:

• In reviewing the sufficiency of the evidence, the judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict. The trial court’s judgment will not be set aside unless plainly wrong or without evidence to support it. The credibility of a witness and the inferences to be drawn from proven facts are matters solely for the fact finder’s determination. The appellate court does not substitute its judgment for that of the trier of fact. The only relevant inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
• Involuntary manslaughter in the operation of a motor vehicle is an accidental killing which, although unintended, is the proximate result of negligence so gross, wanton, and culpable as to show a reckless disregard of human life. A violation of the statutes defining reckless driving and prescribing motor vehicle traffic regulations is insufficient to constitute manslaughter unless it is so flagrant, culpable, and wanton as to show utter disregard of the safety of others under circumstances likely to cause injury. What distinguishes a speeding violation from the misdemeanor of reckless driving, and the misdemeanor from the felony of involuntary manslaughter, is the likelihood of injury to other users of the highways. And the degree of the hazard posed by a speeding automobile depends upon the circumstances in each case.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

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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 Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Dustin v Commonwealth

Facts:

Defendant challenged the judgment of conviction and sentence for the crime of reckless driving in violation Virginia traffic laws.  The circuit court of Richmond fixed defendant’s punishment at a penalty of $ 100 and the defendant initially paid the traffic ticket fine..

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

Virginia Traffic Ticket Richmond Lawyers

Holdings:

The Virginia Court made the following holding:

• The law relative to reckless driving within the city limits, provides that any person who drives a vehicle upon a highway recklessly, or at a speed or in a manner so as to endanger life, limb or property of any person shall be guilty of reckless driving.
• The court considers the evidence and all reasonable inferences flowing from that evidence in the light most favorable to the Commonwealth of Virginia, the prevailing party at trial.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Virginia Traffic Ticket Richmond Lawyers Punishment Reckless Driving appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Ibrahim v. Commonwealth

Facts:

Defendant appealed the decision of the Circuit court which convicted him of operation of a motor vehicle after having been adjudged an habitual offender.

Eluding Police James Virginia Lawyer

Issue:

• Whether defendant’s misdemeanor driving convictions barred prosecution of the habitual offender charge?

Discussions:

Defendant was convicted in the city district court of two misdemeanors: failure to stop and attempt to elude police, and reckless driving. Charges of driving under the influence and refusal to take a blood or breath test were nolle prossed. A felony charge of operating a motor vehicle after having been adjudged an habitual offender was certified to the grand jury, which indicted defendant on the charge. Defendant did not appeal his misdemeanor convictions. The trial judge in the circuit court overruled defendant’s contention that his misdemeanor driving convictions barred prosecution of the habitual offender charge. The circuit court found defendant guilty of operation of a motor vehicle after having been adjudged an habitual offender. On appeal, defendant asserted that previous convictions for reckless driving and for failing to stop and attempting to elude a police officer barred the habitual offender charge on double jeopardy grounds. The court affirmed because the fact that the two prosecutions involved the element of driving was not enough to invoke double jeopardy.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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.

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Franklin v. Commonwealth

Facts:

After the Circuit Court of the Dinwiddie County Virginia, ruled that evidence that a breath test was offered to defendant would be permitted, but directed the granting of a limiting instruction as to the use of that evidence, a jury convicted defendant of driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266, and reckless driving in violation of Va. Code Ann. § 46.2-862. Defendant appealed.

Reckless Driving Dinwiddie Lawyer

Issue:

• Whether trial court erred in admitting testimony that he was offered a preliminary breath test and following his arrest, a breath test?

Discussions:

Defendant argued that the trial court erred in admitting testimony that he was offered a preliminary breath test, and, following his arrest, a breath test. The Commonwealth, citing Va. Code Ann. §§ 18.2-267(C), (E), 18.2-268.10, conceded that the trial court erred in admitting this testimony. However, the appellate court found that any error in admitting that evidence was harmless. Under Va. Code Ann. § 4.1-100, “intoxicated” meant a condition in which a person had drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior. There was overwhelming evidence that defendant drove while intoxicated. The evidence at trial proved that defendant drove his car at a reckless speed and that, when stopped, he had an odor of alcohol about his breath, red and glassy eyes, and slurred speech, and performed poorly on field sobriety tests. From the totality of the evidence heard by the jury, excluding the officer’s testimony that he offered breath tests to defendant, the trial court’s error in admitting evidence that defendant was offered breath tests was harmless error.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Reckless Driving Dinwiddie Lawyer Breath Test Virginia Code 18.2-266 Violation appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Commonwealth v. Frazer

Facts:

Defendant filed a motion to strike a certificate of calibration of a police vehicle, and objected to the absence of a certificate of calibration of the radar unit in the prosecution of him for speeding.

Speeding Stafford Virginia Lawyer

Issue:

• Whether the proof of the accuracy of a speedometer was sufficiently established?

Discussions:

Radar used in the arrest was a unit attached to the officer’s motorcycle and he testified that the radar was checked by tuning fork and against the speedometer of his motorcycle. He also testified that the radar was operating accurately under such tests. Defendant objected to the manner in which the accuracy of the radar was determined, citing noncompliance with Va. Code Ann. § 46.1-198(a1). The court overruled the motion and found defendant guilty of speeding. The court held that § 46.1-198(a1) was not applicable because there could not have been a hearsay objection to the testimony of the officer since he was the only one involved in the accuracy test. The court ruled that the use of a calibration certificate to show the accuracy of the speedometer in the vehicle used by a police officer or a defendant was permitted under Va. Code Ann. § 46.1-193.1. The court determined that the proof of the accuracy of a speedometer was sufficiently established by showing it was checked against a calibrated master speedometer and that it was done. The court concluded that the Commonwealth established the accuracy of the type radar used by the tuning fork and the motorcycle speedometer.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Speeding Stafford Virginia Lawyer Calibration Certificate Vehicle Accuracy appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Fernandez v. Commonwealth

Facts:

Plaintiff driver appealed from the judgment of the Corporation Court for the City of Lynchburg (Virginia), which dismissed his petition to set aside the revocation of his driver’s license by defendant Director of the Division of Motor Vehicles in accordance with Va. Code § 2154(186). The trial court rejected the driver’s argument that Va. Code § 2154(187) entitled the driver to a hearing before revocation.

License Revocation Lynchburg Virginia Lawyer

Issue:

• Whether there was any conflict between Va. Code § 2154(186) and Va. Code § 2154(187)?

Discussions:

The driver had two un-appealed convictions for reckless driving within a year. The Director revoked his license and refused to review the revocation on the grounds that revocation was mandatory. The trial court agreed and refused to review the underlying convictions. On appeal, the court found that there was no conflict between Va. Code § 2154(186) and Va. Code § 2154(187). The court held that Va. Code § 2154(186) gave mandatory direction to the director to revoke a license without a hearing after certain convictions, while Va. Code § 2154(187) gave the director the power to revoke based on proper evidence at a required hearing that the licensee had been guilty of the same offenses even without a conviction. The court further held that the trial court could not review earlier un-appealed judgments. The court rejected the argument that there was a contract created by the issuance of the driver’s license that prevented the Commonwealth from changing the required number of offenses from three to two. The court held that driving was a conditional privilege and was subject to the police power of the Commonwealth.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 License Revocation Lynchburg Virginia Lawyer Motor Vehicle Reckless Driving Evidence appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

James v. Commonwealth

Facts:

Defendant was stopped for speeding by a state police officer and the officer observed a pack of cigarette wrapping papers on the floorboard of defendant’s car. The officer also observed a brown paper bag folded up beside defendant’s driver’s seat. The officer picked up the bag, looked in it, and discovered marijuana in the bag. Defendant was ultimately convicted of possessing marijuana and he appealed, claiming that the officer did not have probable cause to look in the bag.

Traffic Stop Lynchburg Virginia Lawyer

Issue:

• Whether the officer had probable cause to believe that defendant possessed marijuana?

Discussions:

The court agreed and reversed the trial court’s judgment. The officer testified that the reason he looked in the bag was based purely on the fact that he saw the cigarette papers lying underneath defendant’s feet on the driver’s side of the car. The court found that it would have been rational to believe that the bag contained tobacco, defendant’s lunch, or any other lawful substance. Thus, the officer did not have probable cause to believe that defendant possessed marijuana and the marijuana evidence was improperly admitted.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Traffic Stop Lynchburg Virginia Lawyer Probable Cause Drug Possession appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Jason v. Commonwealth

Facts:

Defendant sought review of his conviction by the Circuit Court for the City of Virginia Beach (Virginia) for possession of marijuana with the intent to distribute. Defendant challenged the admissibility of the marijuana and a statement he made to officers on the ground that the evidence was obtained in an illegal search and without the officers’ giving him Miranda warnings.

Traffic Stop Virginia Beach Lawyer

Issue:

• Whether defendant was in custody when he consented to the search and admitted ownership of the luggage?

Discussions:

Defendant was stopped for speeding. An officer asked if he could search the car. Defendant agreed verbally and signed a consent form. When a second officer asked about luggage in the trunk, defendant replied it was his. The officers found marijuana, arrested defendant, and gave him Miranda warning. On appeal of defendant’s conviction, the court found that defendant was not in custody when he consented to the search and admitted ownership of the luggage. Noting that the officer was justified in stopping defendant, the court concluded that the subsequent detainment and questioning did require Miranda warnings. With ample evidence to the contrary, the court rejected defendant’s claim that his consent to search was not voluntary. Because defendant had complete dominion and control over the marijuana found in the luggage, the court found that the evidence was sufficient to establish his constructive possession of the drugs. Affirming the conviction, the court held that the marijuana and defendant’s statement were properly admitted into evidence.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Traffic Stop Virginia Beach Lawyer Drug Possession Illegal Search Evidence appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.

Cassandra v. Commonwealth

Facts:

Defendant appealed a decision of the Circuit Court of Prince William County (Virginia) that convicted her for possession of marijuana with intent to distribute.

DUI Prince William Virginia Lawyer

Issue:

• Whether the defendant voluntarily consented to the search of the vehicle?

Discussions:

On appeal from her conviction of possession of marijuana with intent to distribute, defendant challenged the stop of her automobile. She contended that she was illegally detained because a state trooper stopped her automobile under a pretext of a drug courier profile. The defendant also contended that consent to search her automobile was obtained by coercion and that certain statements she made were inadmissible because they were made before she was advised of her Miranda rights. The court found that the trial court did not err in finding that the trooper was justified in stopping her vehicle because she met a drug courier profile and she was speeding. The court articulated that the trooper had a justifiable and legal reason (speeding) to stop the vehicle. The court opined that she also voluntarily consented to the search of her vehicle. The court noted that merely advising a defendant that a search warrant could be obtained was not coercion. The court held that the trooper was not required to advise her of her Miranda rights prior to the time she made incriminating statements because she was not in custody, but was merely a subject of a Terry stop.

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

A Virginia lawyer from our firm will talk with you about your traffic ticket 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, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

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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 Prince William Virginia Lawyer Drug Possession Intention Stop appeared first on Virginia Traffic Lawyers Northern VA Fairfax Prince William County Loudoun Dinwiddie Speeding Ticket.