Monday, August 25, 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.
Franck 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: