Wednesday, October 29, 2014

Virginia Traffic DUI Lawyers Fairfax Violation Code 18.2-266

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.

Lawson v. Commonwealth

Facts:

The Circuit Court of Fairfax (Virginia) convicted defendant of driving under the influence of alcohol (DUI), Va. Code Ann. § 18.2-266, and maiming another person while driving under the influence of alcohol, Va. Code Ann. § 18.2-51.4. At first, the appellate court reversed his convictions, but the appellate court had since granted the Commonwealth's petition for a rehearing en banc, stayed the prior decision, and reinstated the appeal.

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. § 18.2-268.2, Virginia 's implied consent law, provides, in part, that (A) any person who operates a motor vehicle upon a highway in the Commonwealth of Virginia shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both taken for a chemical test to determine the alcohol content of his blood, if he is arrested for violation of Va. Code Ann. § 18.2-266 within three hours of the alleged offense; and (B) any person so arrested shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given.
  • The results of a blood or breath test provided by the implied consent law, Va. Code Ann. § 18.2-268.2, are admissible against an accused in a trial for driving under the influence of alcohol only so long as the accused has first been validly arrested. Absent a valid, timely arrest, the Commonwealth has no right to collect the blood or breath sample in the first place and, a fortiori, even less right to offer into evidence test results based on the sample. If an accused is not validly arrested prior to the taking of his blood, his consent for blood alcohol testing is not implied, and his actual consent based upon a belief, generated by the officer's recitation of the implied consent law, that he was bound to submit to a test is invalid. Thus, an untimely arrest results in exclusion of the certificate of analysis of the blood.

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.

1 comments:

Brad chase said...

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Best Regards

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