Wednesday, April 23, 2014
Virginia DUI Lawyers Loudoun Under Influence
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.
Truman v. Commonwealth
Facts:
Defendant a resident of Loudoun
contended that the trial court erred in failing to dismiss his manslaughter
indictment because that conviction violated the Double Jeopardy Clause of U.S.
Const. amend. V, and Va. Code Ann. § 19.2-294. The appellate court disagreed,
finding that the driving under influence (DUI) statute, under which defendant
had been previously convicted, and the vehicular aggravated involuntary
manslaughter statute required proof of different elements. While the
manslaughter statute required proof of driving under the influence, it also
required criminal negligence and death
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:
- To determine whether two
charges constitute the same offense, a court must consider the rule
enunciated in Blockburger. Where the same act or transaction constitutes a
violation of two distinct statutory provisions, the test to be applied to
determine whether there are two offenses or only one, is whether each
provision requires proof of a fact which the other does not. A double jeopardy
violation exists only if the offenses always require proof of the same
elements. In applying the Blockburger test, the court looks at the
offenses charged in the abstract, without referring to the particular
facts of the case under review.
- A defendant's level of
intoxication is relevant to a determination of the degree of the
defendant's negligence: whether ordinary, gross, or wanton. It may serve
to elevate the defendant's conduct to the level of negligence so gross,
wanton, and culpable as to show a reckless disregard of human life.
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:
