Friday, April 4, 2014
Virginia DUI Lawyers Loudoun Code 18.2-266 Drunk Driving
Virginia DUI
Lawyers Loudoun
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
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traffic ticket in Virginia and need a lawyer to defend you?
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consequences of being charged for a traffic violation in Virginia?
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tickets in Virginia and we can help you as well.
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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.
David v. Commonwealth
Facts:
In a driving under influence
(DUI) case a general district court found defendant guilty of drunk driving
under Va. Code Ann. § 18.2-266. Defendant appealed. A jury in the circuit court
found defendant guilty as charged. The Circuit Court of Loudoun (Virginia)
denied defendant's motion to set aside the verdict and entered final judgment.
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. §
18.2-266(i), prohibits driving with a blood alcohol concentration of 0.08
percent or more by weight by volume or 0.08 grams or more per 210 liters
of breath.
- A DUI verdict finding an
accused guilty "as charged" in a warrant citing Va. Code Ann. §
18.2-266 requires that an appellate court address on appeal both Va. Code
Ann. § 18.2-266(i) and (ii).
- Va. Code Ann. §
18.2-266(i) permits a factfinder to infer that the blood alcohol
concentration (BAC) level determined by a timely breath test accurately
states the BAC level at the time of driving. While sometimes called a
"rebuttable presumption," the later-BAC-implies-prior-BAC
principle underlying § 18.2-266(i) is no more than a permissible
evidentiary inference that the factfinder may accept or reject. Understood
that way, the inference violates no constitutional norms.
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:
