Criminal/DUI Defense - Virginia Lawyers

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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Franklin v. Commonwealth

Facts:

Defendant appealed the judgment of the Circuit Court of Fairfax (Virginia), which convicted defendant of driving under the influence (DUI), third or subsequent offense, a felony in violation of Va. Code Ann. §§ 18.2-266 and 18.2-270. Defendant was also convicted for refusing to take a blood or breath test in violation of § 18.2-268.3, which she did not challenge on appeal.

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Holdings:

The Virginia Court made the following holding:

• When considering the sufficiency of the evidence on appeal in a criminal case, an appellate court views the evidence in the light most favorable to the Commonwealth of Virginia, granting to it all reasonable inferences fairly deducible therefrom. Unless the appellate court concludes a witness's testimony must be rejected as a matter of law based on its inherent incredibility, it must defer to the credibility determinations of the fact finder, who has the opportunity of seeing and hearing the witnesses.
• 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.


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.