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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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.

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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.



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.