Thursday, April 17, 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.
Victor 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:
- 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. In Virginia, when misdemeanor charges are initiated by warrant
and a defendant is convicted of those charges in district court, he may
appeal to the circuit court for a trial de novo. A trial on the same
charges in the circuit court does not violate double jeopardy principles,
subject only to the limitation that conviction in the district court for
an offense lesser included in the one charged constitutes an acquittal of
the greater offense, permitting trial de novo in the circuit court only
for the lesser-included 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:
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.
