Saturday, April 12, 2014
Virginia DUI Lawyers Loudoun Code 18.2-266 Driving Influence
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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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.
Love v. Commonwealth
Facts:
Defendant a resident of Loudoun
was convicted in 1983 under the "drunk in public" statute, Va. Code
Ann. § 18.2-388, for operating a motor vehicle while under the influence of
alcohol. Defendant was convicted in 1985 under the "driving under the
influence" (DUI) statute, Va. Code Ann. § 18.2-266, for driving with a
blood alcohol concentration of 0.15 percent. The trial court rejected
defendant's contention that neither of her prior convictions qualified her for
habitual offender status pursuant to Va. Code Ann. § 46.2-351. The court
affirmed the contested judgment imposing that status upon defendant.
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:
- The inquiry under Va.
Code Ann. § 18.2-266(i) is not whether a driver was in fact "under
the influence of alcohol" to a degree that his ability to drive
safely was affected; rather, the issue is whether at the time he was
driving his blood alcohol concentration was at least .10 percent as
measured by a subsequently administered chemical test.
- Va. Code Ann. § 46.2-351
defines an "habitual offender." Va. Code Ann. § 46.2-351(1)
lists the types of convictions which, when numbering three or more,
justify a finding of habitual offender status. Va. Code Ann. §
46.2-351(1)(b) describes one such conviction as being for driving or
operating a motor vehicle while under the influence of intoxicants or
drugs in violation of Va. Code Ann. § 18.2-266 or Va. Code Ann. §
46.2-341.24(A). Va. Code Ann. § 46.2-351(1)(b) does not describe such a
conviction as being for driving or operating a motor vehicle while under
the influence of intoxicants or drugs in violation of Va. Code Ann. §
18.2-266 except for Va. Code Ann. § 46.2-351(1)(b)(i).
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:
