Friday, October 24, 2014

Virginia DUI Lawyers Loudoun Second Subsequent 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.

Xavier v. Commonwealth

Facts:

After the Circuit Court of Loudoun (Virginia) denied defendant's motion to strike on the ground that defendant had failed to give proper notice of his challenge pursuant to Va. Code Ann. § 19.2-266.2, defendant was convicted of driving under the influence (DUI), a second or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Defendant appealed.

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:

  • An appellate court utilizes an abuse of discretion standard when reviewing the trial judge's denial of an appellant's motion to consider a challenge to the constitutionality of a statute made after the statutory deadline Va. Code Ann. § 19.2-266.2. Under Va. Code Ann. § 19.2-266.2, defendants are required to take certain procedural steps in order to exercise or vindicate their constitutional rights. Such requirements are not unconstitutional but serve legitimate state interests in protecting against surprise, harassment, and undue delay. The Court of Appeals of Virginia has refused to consider a challenge to the constitutionality of a statute where a motion for dismissal of warrant or indictment on the ground that a criminal statute is unconstitutional was not properly presented to the trial court in compliance with Va. Code Ann. § 19.2-266.2.

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.

Our Phone #

Loudoun Virginia

Loudoun 703-278-0405
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