Friday, October 31, 2014

Virginia Beach DUI Lawyers Traffic Evidence Driving Influence Alcohol

Virginia Beach Drunk Driving Lawyers

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.

Williams v. Commonwealth

Facts:

In a reckless driving case in Virginia Beach police detective followed a car in which defendant was a passenger because it was being driven erratically. The driver of the car pulled into a church and school parking lot. When the detective confronted the driver in the parking lot, he smelled alcohol on his breath and arrested him for driving under the influence (DUI) of alcohol and for reckless driving. While the detective was securing the driver outside the car, he noticed defendant making furtive gestures.

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:

  • Probable cause to arrest is established by facts and circumstances which would lead a prudent person to believe that a suspect had committed or was committing an offense.
  • When considering a sufficiency of the evidence question not properly preserved at trial, the appellant must do more than show that the Commonwealth failed to prove an element or elements of the offense. Otherwise, an appellate court would be required under the ends of justice exception to address the merits of every case where a defendant has failed to move to strike the Commonwealth's evidence as being insufficient to prove an element of the offense. Such a rule would obviate the requirement for making an adequate motion to strike or a contemporaneous objection that the evidence was insufficient. The exception therefore will not be invoked unless the evidence affirmatively shows that an element of the offense did not occur.

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 Beach DUI Lawyers Traffic Breath Test Arrest Third Offense

Virginia Beach Drunk Driving Lawyers

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.

Fisher v. Commonwealth

Facts:

After the Circuit Court of Virginia Beach, Virginia denied his motion to suppress, defendant entered a conditional guilty plea of driving under the influence (DUI), third or subsequent offense within 10 years, under Va. Code § 18.2-266. He then appealed, contending the trial court erred finding at the suppression hearing that the result of a preliminary breath test (PBT) was admissible and that probable cause existed to arrest him.

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 Va. Code Ann. § 18.2-267, any person suspected by a police officer of driving under the influence is entitled to a preliminary breath test (PBT), and the officer must advise the suspect of his rights. If the PBT reveals that alcohol is present in the suspect's blood, the officer may arrest the suspect for driving under the influence, but the result of the PBT is not admissible at trial to prove the suspect's guilt. However, the results of the preliminary breath test may be admitted into evidence at a pretrial probable cause or suppression hearing. This is so because the legislature has recognized that a preliminary breath test is reasonably trustworthy to show that a person has consumed alcohol for purposes of determining whether probable cause exists to make an arrest.
  • The function of the preliminary breath test under Va. Code Ann. § 18.2-267 is to provide an independent means to determine and resolve questions concerning probable cause, but it does not supplant other methods for a police officer to determine probable cause. Under § 18.2-267(D), an officer may charge an individual with driving under the influence whenever the breath sample analysis indicates that alcohol is present in the person's blood. Va. Code Ann. § 18.2-266 prohibits a person from driving or operating a motor vehicle while such person is 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 Beach Drunk Driving Lawyers Traffic Violation Code 18.2-270

Virginia Beach Drunk Driving Lawyers


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.

Peterson v. Commonwealth

Facts:

The Circuit Court of Virginia Beach (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, 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:

  • Va. Code Ann. § 18.2-270(B)(2) governs repeat driving under the influence convictions between five and ten years after a prior offense either under Virginia law or any substantially similar laws of any other state. § 18.2-270(E).

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 Beach DUI Lawyers Traffic Violation Driving Influence Second Offense

Virginia Beach Drunk Driving Lawyers

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 Virginia Beach General District Court (Virginia) convicted defendant of driving while under the influence (DUI), second offense. The State also charged defendant with refusing to submit to a breath or blood test.
Defendant appealed. The circuit court tried the case de novo. An issue was whether defendant's arrest was lawful under Va. Code Ann. § 19.2-81, permitting an officer to make a warrantless arrest for a crime committed in his presence.

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:

  • Where a defendant's arrest for driving under the influence is unlawful, as in violation of Va. Code Ann. § 19.2-81, because the misdemeanor offense is not committed in the arresting officer's presence, when he is read his implied consent rights under the implied consent statute, his refusal does not constitute a violation of that statute, which requires that a defendant have been lawfully arrested to be subject to the statute's mandate.
  • Va. Code Ann. § 46.2-100 defines "operator" or "driver" as every person who either (1) drives or is in actual physical control of a motor vehicle on a highway or (2) is exercising control over or steering a vehicle being towed by a motor vehicle.

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 Beach DUI Lawyers Traffic Breath Test Alcohol

Virginia Beach Drunk Driving Lawyers


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.

Richard v. Commonwealth

Facts:

Appellant was convicted in Virginia Beach of aggravated involuntary manslaughter, in violation of Va. Code Ann. § 18.2-36.1(B), after his truck collided with a motorcycle. The court affirmed appellant's conviction. The trial court's admission of the results of a preliminary alco-sensor breath test was harmless error. The actual breathalyzer test, which was introduced into evidence without objection, indicated a higher concentration of alcohol than that obtained from the preliminary test. The trial court's admission of unrelated convictions for driving under the influence of (DUI) alcohol was also harmless error.

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:

  • In a prosecution brought under Va. Code Ann. § 18.2-36.1, the Commonwealth is required to prove a causal connection between the driver's intoxication and the death of another person. Generally, causation is an issue for the jury to decide.
  • The proper legal standard for conduct punishable under Va. Code Ann. § 18.2-36.1 is: any person who, as a result of driving under the influence in violation of Va. Code Ann. § 18.2-266(ii), (iii), or (iv) unintentionally causes the death of another person, shall be guilty of involuntary manslaughter. The statute in clear and unmistakable terms requires proof of causation, nothing more, nothing less.

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 Beach DUI Lawyers Traffic Driving Intoxication Negligence

Virginia Beach Drunk Driving Lawyers


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.

Frederick v. Commonwealth

Facts:

Defendant contended that the Virginia Beach court erred in failing to dismiss his manslaughter indictment because that conviction violated the Double Jeopardy Clause of U.S. Const. amend. V, and Va. Code Ann. § 19.2-294. The appellate court disagreed, finding that the driving while under influence (DUI) statute, under which defendant had been previously convicted, and the vehicular aggravated involuntary manslaughter statute required proof of different elements.

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:

  • Drunken driving is not only unlawful in itself, but it tends to make a defendant's dangerous conduct more dangerous.
  • A defendant's level of intoxication is relevant to a determination of the degree of the defendant's negligence: whether ordinary, gross, or wanton. It may serve to elevate the defendant's conduct to the level of negligence so gross, wanton, and culpable as to show a reckless disregard of human life.

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 23, 2014

Virginia Beach Drunk Driving Lawyers Traffic Credible Evidence

Virginia Beach Drunk Driving Lawyers


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.

Warner v. Commonwealth

Facts:

Following the denial of defendant's motions to strike the evidence, the Circuit Court of Virginia Beach (Virginia) convicted defendant of drunk driving, in violation of Va. Code Ann. § 18.2-266. 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:

  • When the sufficiency of the evidence is challenged on appeal, an appellate court determines whether the evidence, viewed in the light most favorable to the prevailing party, and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. In so doing, the appellate court must 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 that may be drawn therefrom. The appellate court will not reverse the judgment of the trial court, sitting as the finder of fact in a bench trial, unless it is plainly wrong or without evidence to support it.

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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