Tuesday, April 1, 2014
Virginia DUI Lawyers Loudoun Driving Influence Alcohol
Virginia DUI
Lawyers Loudoun
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.
Samson v. Commonwealth
Facts:
Defendant was charged in Loudoun
with driving his vehicle while under the influence of (DUI) alcohol, possession
of a weapon as a felon and possession of illegal drugs. He filed a pretrial
motion to suppress certain incriminating evidence challenging their
admissibility.
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. §
18.2-268.2(A) (Michie 1996), deems a vehicle operator to have given the
Commonwealth implied consent to alcohol testing if he is arrested on a
drunk driving charge. Both the Virginia Supreme Court and the Virginia
Court of Appeals have found an implicit qualifier in the statute, holding
that the consent can be implied only when the driver is validly arrested.
- For the crime of driving
under the influence to be committed in the then-and-there presence of an
arresting officer, the officer must either see or hear the accused
actually driving or operating the vehicle. In addition, the presence
requirement focuses only on the specific arresting officer. No police team
approach can used to combine various officers' collective perceptions for
purposes of an aggregate presence. A misdemeanor committed in one
officer's presence, therefore, cannot be imputed to another officer, who
actually makes the arrest, simply by relaying to him the relevant
information.
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:
