Sunday, October 12, 2014
Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-268.2
Virginia Traffic DUI Lawyers Fairfax
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.
Samuel v. Commonwealth
Facts:
Defendant contended on appeal that the Fairfax court erroneously admitted a prior uncounseled misdemeanor conviction for driving under the influence (DUI) where the record failed to show she neither served an active period of incarceration nor received a suspended sentence.
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:
- An appellant bears the burden of producing evidence that her uncounseled misdemeanor DUI conviction resulted in the imposition of a period of incarceration, whether active or suspended. Where an appellant fails to meet that burden, the admission of her uncounseled prior conviction into evidence for proof of recidivism is not an abuse of discretion.
- Pursuant to Va. Code Ann. § 18.2-268.2, the Commonwealth of Virginia's implied consent law, any person who operates a motor vehicle upon a highway in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood or breath taken in order to determine the alcohol or drug content of his blood, if he is arrested for violation of § 18.2-266 or § 18.2-266.1 within three hours of the alleged offense. § 18.2-268.2(A). Section 18.2-268.2(B) further provides that any person so arrested shall submit to a breath test and that if the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given.
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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Virginia | |
Fairfax County | 703-278-0405 |
Prince William County | 703-278-0405 |
Loudoun County | 703-278-0405 |
Fredericksburg | 703-278-0405 |
Richmond | 804-201-9009 |
Virginia beach | 757-512-5002 |
Lynchburg | 434-509-4004 |
Maryland | |
Rockville | 240-399-0304 |
Baltimore | 240-399-0304 |
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