Lawyers Virginia Beach

Virginia Beach Drunk Driving Lawyers

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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

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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.

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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.

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.