Monday, April 14, 2014

Virginia DUI Lawyers Loudoun Driving Influence Code 18.2-266

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.

Helen v. Commonwealth

Facts:

Because defendant had slurred speech, was driving without headlights or taillights at night, failed to follow an officer's instructions, failed to perform satisfactorily on two field sobriety tests, had watery eyes, fumbled with a phone, smelled of alcohol, and admitted to consuming alcohol, the officer had probable cause to arrest her for driving under the influence (DUI) in Loudoun under Va. Code Ann. § 18.2-266; As such, suppression was not warranted because the officer was justified in conducting a search incident to arrest; Although conditional guilty pleas were not allowed for misdemeanors under Va. Code Ann. § 19.2-254, the portion of the appeal based on such was not properly before the appellate court because defense counsel invited the error.

            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:

  • When reviewing a denial of a motion to suppress evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth and will accord the Commonwealth the benefit of all reasonable inferences fairly deducible from that evidence. In addition, the defendant has the burden of showing that, even when the evidence is reviewed in that light, denying the motion to suppress was reversible error. The appellate court reviews de novo the trial court's application of the law to the particular facts of the case. The trial court's findings of fact are not disturbed unless plainly wrong. Va. Code Ann. § 8.01-680.
  • Probable cause to arrest exists when the facts and circumstances within the officer's knowledge, and of which he has reasonably trustworthy information, alone are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.
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:

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.

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Loudoun Virginia

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