Friday, August 22, 2014

Virginia Traffic DUI Lawyers Fairfax Code 18.2-266 Alcohol

Virginia Traffic DUI Lawyers Fairfax

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

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.

Nelson v. Commonwealth

Facts:

In a trial court (Virginia), defendant was convicted in Fairfax of driving under the influence of alcohol (DUI), pursuant to Va. Code Ann. § 18.2-266 (Supp. 1992). Defendant moved to dismiss.

            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:

  • Va. Code Ann. § 19.2-294 (1990), which bars two convictions for the "same act," is no bar to convictions for both driving under the influence and driving without a license.
  • Va. Code Ann. § 18.2-266 (Supp. 1992) provides that it shall be unlawful for any person to drive or operate any motor vehicle while his or her blood alcohol concentration exceeds a prescribed standard. The case law interpreting and applying this statute consistently and emphatically holds that the terms "drive" and "operate" are not synonymous. "Driving" an automobile means putting it in motion, but "operating" a vehicle has a broader meaning. "Operating" not only includes the process of moving the vehicle from one place to another but also includes starting the engine, or manipulating the mechanical or electrical equipment of the vehicle without actually putting the car in motion.
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.

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