DUI Lawyers Loudoun Virginia

Virginia DUI Lawyers Loudoun

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

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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.

Benjamin v. Commonwealth

Facts:

Defendant was convicted in the Loudoun General District Court (Virginia) for driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266. On a de novo appeal, he filed a motion to dismiss the charge and a motion to declare parts of Va. Code Ann. §§ 18.2-269 and 18.2-270 unconstitutional.

If you are facing a traffic case in Loudoun 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:

• The civil penalty of a sixty-day administrative license suspension, coupled with a subsequent driving under the influence prosecution, is not violative of the Double Jeopardy clauses or of Va. Code Ann. § 19.2-294. The purpose of Va. Code Ann. § 46.2-391.2's administrative license suspension (ALS) requirements is civil in nature. The purpose of revoking a driver's license is not to punish the offender but to remove from the highways an operator who is a potential danger to other users. The ALS in Va. Code § 46.2-391.2 is a remedial sanction because its purpose is to protect the public from intoxicated drivers and to reduce alcohol related accidents and, therefore it does not constitute punishment for purposes of double jeopardy. Confirming this, the legislative history provides that the General Assembly was motivated by its desire to reduce alcohol-related crashes, fatalities, and injuries, and not to impose punishment.

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.