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Virginia DUI Attorneys

DUI Virginia Lawyer Richmond Violation Code 18.2-266

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

DUI Virginia Lawyer Richmond Violation Code 18.2-266

DUI Virginia Lawyer Richmond Violation Code 18.2-266

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.

Elizabeth v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Richmond (Virginia) convicting her of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270.

If you are facing a DUI 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:

  • On appeal, an appellate court reviews the evidence in the light most favorable to the Commonwealth. This principle requires the appellate court to discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom. Its examination of the record is not limited to the evidence mentioned by a party in trial argument or by the trial court in its ruling. In determining whether there is evidence to sustain a conviction, an appellate court must consider all the evidence admitted at trial that is contained in the record.
  • The “substantially similar” standard under Va. Code Ann. § 18.2-270(E) does not require the statutes to be exact replicas of each other. They merely must be similar (not identical) in a substantial (not insubstantial) way. The statutes need not substantially conform in every respect to each other. Thus, a court need not scrutinize the foreign statute for every idiosyncratic, insubstantial difference between it and the Virginia statute. It looks instead to the overall purpose of the two statutes, the framework of their principal provisions, and the elements of their respective offenses.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,

John Marshall Courts Building,

Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,

Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,

400 N. 9th Street, Room 203,

Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,

1600 Oliver Hill Way, Suite C181,

Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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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DUI Virginia Lawyer Richmond Violation Code 18.2-266

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Violation Code 18.2-266

DUI Virginia Lawyer Richmond Violation Code 18.2-266

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.

Rocky v. Commonwealth

Facts:

Defendant was convicted in the Richmond General District Court (Virginia) for driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266. On a de novo appeal, he filed a motion to dismiss the charge and a motion to declare parts of Va. Code Ann. §§ 18.2-269 and 18.2-270 unconstitutional.

If you are facing a DUI 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 purpose of Va. Code Ann. § 46.2-391.2′s administrative license suspension (ALS) requirements is civil in nature. The purpose of revoking a driver’s license is not to punish the offender but to remove from the highways an operator who is a potential danger to other users. The ALS in Va. Code § 46.2-391.2 is a remedial sanction because its purpose is to protect the public from intoxicated drivers and to reduce alcohol related accidents and, therefore it does not constitute punishment for purposes of double jeopardy. Confirming this, the legislative history provides that the General Assembly was motivated by its desire to reduce alcohol-related crashes, fatalities, and injuries, and not to impose punishment.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,

John Marshall Courts Building,

Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,

Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,

400 N. 9th Street, Room 203,

Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,

1600 Oliver Hill Way, Suite C181,

Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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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DUI Virginia Lawyer Richmond Alcohol Influence Code 18.2-266

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Alcohol Influence Code 18.2-266

DUI Virginia Lawyer Richmond Alcohol Influence Code 18.2-266

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.

Creeper v. Commonwealth

Facts:

Following a bench trial in the Circuit Court of Richmond (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 DUI 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. § 18.2-270 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.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,

John Marshall Courts Building,

Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,

Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,

400 N. 9th Street, Room 203,

Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,

1600 Oliver Hill Way, Suite C181,

Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

DUI Virginia Lawyer Richmond Alcohol Influence Violation Code 18.2-266

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Alcohol Influence Violation Code 18.2-266

DUI Virginia Lawyer Richmond Alcohol Influence Violation Code 18.2-266

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.

Jackson v. Commonwealth

Facts:

Defendant was convicted in Richmond General District Court (Virginia) for driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266. On a de novo appeal, he filed a motion to dismiss the charge and a motion to declare parts of Va. Code Ann. §§ 18.2-269 and 18.2-270 unconstitutional.

If you are facing a DUI 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 purpose of Va. Code Ann. § 46.2-391.2′s administrative license suspension (ALS) requirements is civil in nature. The purpose of revoking a driver’s license is not to punish the offender but to remove from the highways an operator who is a potential danger to other users. The ALS in Va. Code § 46.2-391.2 is a remedial sanction because its purpose is to protect the public from intoxicated drivers and to reduce alcohol related accidents and, therefore it does not constitute punishment for purposes of double jeopardy. Confirming this, the legislative history provides that the General Assembly was motivated by its desire to reduce alcohol-related crashes, fatalities, and injuries, and not to impose punishment.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,

John Marshall Courts Building,

Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,

Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,

400 N. 9th Street, Room 203,

Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,

1600 Oliver Hill Way, Suite C181,

Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

DUI Virginia Lawyer Richmond Punishment Felony Blood Breath Sample Intoxication

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Punishment Felony Blood Breath Sample Intoxication

DUI Virginia Lawyer Richmond Punishment Felony Blood Breath Sample Intoxication

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.

Morrison v. Commonwealth

Facts:

Defendant in Richmond was arrested by police on May 19, 2000, and charged with DUI. At the time, he had one conviction for DUI in 1994 and was awaiting trial on a DUI charge that resulted from an arrest in March 2000. Although police initially charged defendant with a misdemeanor, the Commonwealth successfully moved to nolle prosequi that charge after defendant was convicted of the March 2000 offense, and a grand jury subsequently indicted him for felony DUI. The appellate court held that (1) any third or subsequent DUI conviction within the 10-year period prescribed by Va. Code Ann. § 18.2-270 triggered the enhanced punishment provision of that section and defendant was properly convicted of felony DUI for driving under the influence on May 19, 2000, even though he had only one DUI conviction at the time he committed that offense; and (2) the fact that the misdemeanor DUI charge that was filed after defendant’s arrest on May 19, 2000, was dismissed did not invalidate the results of the breath test he took within two hours of the time he was arrested on that date, and the trial court did not err by admitting the results of that test during defendant’s felony DUI trial.

If you are facing a DUI 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 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.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,

John Marshall Courts Building,

Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,

Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,

400 N. 9th Street, Room 203,

Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,

1600 Oliver Hill Way, Suite C181,

Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

DUI Virginia Lawyer Richmond Habitual Offender Violation Code 18.2-266

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Habitual Offender Violation Code 18.2-266

DUI Virginia Lawyer Richmond Habitual Offender Violation Code 18.2-266

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.

Welsh v. Commonwealth

Facts:

Following a jury trial, the Circuit Court of Richmond (Virginia) convicted defendant of driving under the influence of alcohol (DUI) (second or subsequent offense), in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270(B), and operating a vehicle as an habitual offender, in violation of Va. Code Ann. § 46.2-357. Defendant appealed.

If you are facing a DUI 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 Virginia statute on driving under the influence (DUI), Va. Code Ann. § 18.2-266, makes it unlawful for any person to drive or operate a vehicle while intoxicated. The Virginia habitual offender statute, Va. Code Ann. § 46.2-357(A), makes it unlawful for any person determined or adjudicated an habitual offender to drive any motor vehicle while his license remains revoked. Va. Code Ann. § 46.2-100 defines the terms “operator” and “driver” to include every person who drives or is in actual physical control of a vehicle. This statutory definition applies to the habitual offender statute, and while it does not control Va. Code Ann. § 18.2-266, it serves as a valuable interpretative guide to the DUI statute.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building,
Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,
400 N. 9th Street, Room 203,
Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,
1600 Oliver Hill Way, Suite C181,
Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

DUI Virginia Lawyer Richmond Code 18.2-266 Breath Alcohol Content

Have you been charged with DUI in Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with DUI in Virginia?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of DUI in Virginia.

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

DUI Virginia Lawyer Richmond Code 18.2-266 Breath Alcohol Content

DUI Virginia Lawyer Richmond Code 18.2-266 Breath Alcohol Content

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.

Turner v. Commonwealth

Facts:

After a bench trial, defendant was convicted in the Circuit Court of Richmond (Virginia) of driving under the influence (Va. Code Ann. § 18.2-266). He appealed, contending the circuit court erred in admitting a certificate of analysis of his breath alcohol content because he had not been provided with a copy of the certificate prior to trial as required by former Va. Code Ann. § 19.2-187.

If you are facing a DUI 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 Va. Code Ann. § 19.2-187, a certificate of analysis is admissible to prove the truth of its contents without the appearance in court of the technician who conducted the analysis, provided that the Commonwealth strictly complies with several specific safeguards listed in § 19.2-187. When the Commonwealth seeks to admit a certificate of analysis containing hearsay evidence, it has the burden of proving that the certificate satisfies the requirements of § 19.2-187. A certificate of analysis is not admissible if the Commonwealth fails strictly to comply with the provisions of § 19.2-187. Prejudice to the defendant from a failure to comply need not be shown.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building,
Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,
400 N. 9th Street, Room 203,
Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,
1600 Oliver Hill Way, Suite C181,
Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

Virginia Lawyers DUI Richmond Second Offense Violation

Virginia Lawyers DUI Richmond Second Offense Violation

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving 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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Halls v. Commonwealth

Facts:

Defendant appealed from a judgment of the Circuit Court of Richmond (Virginia) that convicted him of DUI second offense. Defendant alleged evidence of his first conviction was improperly admitted in violation of Va. Code Ann. § 16.1-94.

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

Virginia Lawyers DUI Richmond Second Offense Violation

Virginia Lawyers DUI Richmond Second Offense Violation

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-270 provides for enhancing the punishment of a defendant who has previously been convicted of one or more DUI offenses.
  • A judgment may be entered in a court not of record on the warrant itself. Va. Code Ann. § 16.1-94. To effectuate a valid judgment, § 16.1-94 requires that the warrant be signed by the judge, or that the judge’s signature be affixed by facsimile stamp, in which case the judge must initial the warrant. The requirement of the statute is procedural only.

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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building,
Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,
400 N. 9th Street, Room 203,
Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,
1600 Oliver Hill Way, Suite C181,
Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

Virginia Lawyers DUI Richmond Penalties Alcohol Influence Code 18.2-270

Virginia Lawyers DUI Richmond Penalties Alcohol Influence Code 18.2-270

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving 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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Daniel v. Commonwealth

Facts:

Defendant challenged her conviction and sentence enhancement from Richmond Circuit Court (Virginia), for driving under the influence of alcohol (DUI), a second offense committed within five years, contending that the trial court erroneously relied solely on a Department of Motor Vehicles (DMV) transcript, without affirmative proof of representation by or waiver of counsel or information regarding incarceration.

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

Virginia Lawyers DUI Richmond Penalties Alcohol Influence Code 18.2-270

Virginia Lawyers DUI Richmond Penalties Alcohol Influence Code 18.2-270

Holdings:

The Virginia Court made the following holding:
  • Va. Code Ann. § 18.2-270 prescribes several penalties for driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266, enhanced for second and subsequent offenses. However, to convict and punish an accused for successive violations, the prior offenses must be charged and proven. Va. Code Ann. § 46.2-384 provides that every law-enforcement officer who has arrested any person for (i) driving under the influence of alcohol (DUI) shall request from the Department of Motor Vehicles (DMV) an abstract or transcript of the person’s driver’s conviction record on file at the DMV. In any such prosecution wherein a necessary element of the offense charged is that defendant was previously convicted of the same or similar offense, (2) that portion of the transcript relating to the relevant prior conviction shall be prima facie evidence of the facts stated therein with respect to the prior offense.

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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building,
Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,
400 N. 9th Street, Room 203,
Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,
1600 Oliver Hill Way, Suite C181,
Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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.

Post to Twitter

Virginia Lawyers DUI Richmond Blood Content License Suspension

Virginia Lawyers DUI Richmond Blood Content License Suspension

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI 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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Shaun v. Commonwealth

Facts:

Defendant was arrested for driving under the influence of alcohol (DUI). After submitting to a breath test evidencing his blood alcohol content to be in excess of the legal limit, an administrative license suspension (ALS) was imposed in Richmond. Defendant asserted that his prosecution for DUI was barred by the constitutional prohibition against double jeopardy because of the ALS.

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

Virginia Lawyers DUI Richmond Blood Content License Suspension

Virginia Lawyers DUI Richmond Blood Content License Suspension

Holdings:

The Virginia Court made the following holding:
  • In both multiple punishment and multiple prosecution contexts, where two offenses for which the defendant is punished or tried cannot survive the same-element test, the double jeopardy bar applies. The same-element test, sometimes referred to as the “Blockburger” test, inquires whether each offense contains an element not contained in the other; if not, they are the “same offense,” and double jeopardy bars additional punishment and successive prosecutions. In a single proceeding, the Double Jeopardy Clause is limited to assuring that the court does not exceed its legislative authority by imposing multiple punishments for the same offense. Under the Virginia statutory scheme, an administrative license suspension and a driving under the influence prosecution are different prongs of a single, coordinated, contemporaneous proceeding.

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 DUI ticket.  An attorney from our firm will do his best to help you.

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.

Richmond Court House Detail:

Richmond Circuit Court

400 North Ninth Street,
John Marshall Courts Building,
Richmond, VA 23219.

Richmond-Criminal General District Court

920 Hull Street, Northside,
Richmond, VA 23224-4070.

Richmond-Civil General District Court

John Marshall Courts Building,
400 N. 9th Street, Room 203,
Richmond, VA 23219.

Richmond Juvenile and Domestic Relations District Court

Oliver Hill Courts Building,
1600 Oliver Hill Way, Suite C181,
Richmond, VA 23219-1214.

Article written by A Sris

Click to Chat

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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Atchuthan Sriskandarajah on Channel 7 News

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  7400 Beaufont Springs Drive,
Suite 300 Richmond, Virginia 23225
Phone: 804-201-9009

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