Tuesday, April 15, 2014
Virginia DUI Lawyers Loudoun Second Offense
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.
Jackson v. Commonwealth
Facts:
Defendant was arrested for
DUI first offense in Loudoun,
and prior to trial, he was again arrested and charged with DUI second offense.
Prior to a trial de novo in the circuit court for the first arrest, the
district court convicted defendant of the lesser-included offense of DUI first
offense for the second charge. On review, the court reversed his conviction for
DUI second offense based on double jeopardy. Although a circuit court had
discretion under Va. Code Ann. § 16.1-137 to amend a defective warrant, there
could not be a trial de novo for the same offense after an acquittal by a court
having authority to try the offense. The impossibility exception to double
jeopardy did not apply because the Commonwealth had been aware of defendant's
prior DUI conviction and de novo appeal at the time of his prosecution on the
DUI second offense charge. Defendant's trial de novo on the amended warrant
charging DUI second offense could not be characterized as a subsequent
prosecution for a new offense arising out of facts discovered after the
conviction. Defendant was prosecuted for the same offense as originally charged
and tried in the district court, of which he had been acquitted.
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:
- In a trial de novo, a
circuit court disregards the judgment of the district court, hears the
evidence anew and may consider new evidence, and makes final disposition
of the case as if the case had not proceeded to judgment in the district
court. Once the trial de novo commences in the circuit court, the district
court judgment is annulled, and is not thereafter available for any
purpose. While circuit courts have substantial discretion to amend
defective warrants upon de novo appeal from district courts,
long-established double jeopardy principles mandate that there cannot be a
trial de novo, or otherwise for the same offense after an acquittal by a
court having authority and jurisdiction to try the offense.
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: