DUI Reckless Disregard Fairfax Virginia Laws

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DUI & Reckless Disregard Of Life Defense Fairfax – Virginia Lawyers

There are many different penalties for DUI & Reckless Disregard Of Life charges in Fairfax, Virginia.

If you have been charged with DUI & Reckless Disregard Of Life in Fairfax, Virginia, contact our firm immediately for help.

DUI & Reckless Disregard Of Life Defense In Fairfax, Virginia

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Va. Code Ann. 18.2-51.4

18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of  18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of  46.2-391.

B. The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

FAIRFAX VIRGINIA-DUI & RECKLESS DISREGARD OF LIFE

 Virginia Statute  Description  Penalties
Va. Code Ann. 18.2-51.4

driving while intoxicated

Any person who, as a result of driving while intoxicated in violation of  18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment. i.         Shall be guilty of a Class 6 felony.ii.      The driver’s license shall be revoked pursuant to subsection B of  46.2-391 upon conviction
The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

DUI & Reckless Disregard Of Life Defense In Fairfax, Virginia

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BUI Fairfax Virginia Laws Boating Under Influence DUI

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DUI/BUI (Boating Under Influence) Defense Fairfax – Virginia Lawyers

There are many different penalties for DUI/BUI (Boating Under Influence) charges in Fairfax, Virginia.

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DUI/BUI (Boating Under Influence) Defense In Fairfax, Virginia

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FAIRFAX VIRGINIA LAWYERS – Boating Under The Influence (BUI/DUI)

Va. Code Ann. 18.2-51.5

18.2-51.5. Maiming, etc, of another resulting from operating a watercraft while intoxicated; penalty

A. Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of  29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in  29.1-738.5.

B. The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.

FAIRFAX VIRGINIA- DUI/BUI operating a watercraft while intoxicated

Virginia Statute Description Penalties
    

Va. Code Ann. 18.2-51.5 Operating a watercraft while intoxicated; penalty

 

Any person who, as a result of operating a watercraft or motorboat in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment in violation ofi.      subsection B of  29.1-738 or

  1. a similar local ordinance
i.          Shall be guilty of a Class 6 felonyii.          The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth.
After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in  29.1-738.5.
The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1shall apply, mutatis mutandis, upon arrest for a violation of this section.

DUI/BUI (Boating Under Influence) Defense In Fairfax, Virginia

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DUI Fairfax Virginia Laws 18.2-266

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DUI Defense Fairfax – Virginia Lawyers

There are many different penalties for DUI charges in Fairfax, Virginia.

If you have been charged with DUI in Fairfax, Virginia, contact our firm immediately for help.

DUI Defense In Fairfax, Virginia

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 VIRGINIA LAWYERS – (DUI) Driving motor vehicle, engine, etc.,

while intoxicated, etc

Va. Code Ann. § 18.2-266

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc

 It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

VIRGINIA LAWYERS – (DUI) Driving motor vehicle, engine, etc., while intoxicated, etc

VA Statutes

Description

Va. Code Ann. § 18.2-266 

DUI Driving motor vehicle, engine, etc., while intoxicated, etc

 

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,

 

while such person is under the influence of alcohol,

 

while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely

 

while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or

 

while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Va. Code Ann. § 18.2-266  DUI

Violation of this section

A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

 

Va. Code Ann. § 18.2-266 DUI

“motor vehicle”

 

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

DUI Defense In Fairfax, Virginia

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Baby DUI Fairfax Virginia Laws Penalty 18.2-266.1

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Baby DUI Defense Fairfax – Virginia Lawyers

There are many different penalties for Baby DUI charges in Fairfax, Virginia.

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Baby DUI Defense In Fairfax, Virginia

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 FAIRFAX VIRGINIA LAWYERS – (BABY DUI) Persons under age 21 driving after illegally consuming alcohol; penalty

Va. Code Ann. § 18.2-266.1

§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty

A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

FAIRFAX VIRGINIA LAWYERS – (baby dui) Persons under age 21 driving after illegally consuming alcohol; penalty

Virginia Statute

Description

Penalties

Va. Code Ann. § 18.2-266.1 Baby DUI Persons under age 21 driving after illegally consuming alcohol; penalty It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.

  • Any such person with a blood alcohol concentration of 0.02 percent or
  • More by weight by volume or 0.02 grams or
  • More per 210 liters of breath but less than 0.08 by weight by volume or
  • Less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
A violation of this section is a Class 1 misdemeanor.Punishment shall include

  • Forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and
  • A mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service.
  • This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.
  • The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section.
Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.
Va. Code Ann. § 18.2-266.1 Baby DUI Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Baby DUI Defense In Fairfax, Virginia

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Refusal Breath/Blood Test DUI Fairfax Virginia Laws Public 18.2-268.3

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Refusal Of Blood/Breath Test (DUI) Defense Fairfax – Virginia Lawyers

There are many different penalties for Refusal Of Blood/Breath Test (DUI) charges in Fairfax, Virginia.

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Refusal Of Blood/Breath Test (DUI) Defense In Fairfax, Virginia

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VIRGINIA LAWYERS – REFUSAL OF BREATH/BLOOD TEST (DUI) DRIVING MOTOR VEHICLE, ETC., WHILE INTOXICATED

Va. Code Ann. § 18.2-268.3

§ 18.2-268.3. Refusal of tests; penalties; procedures

A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.

B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

FAIRFAX VIRGINIA LAWYERS – REFUSAL OF TESTS; PENALTIES; PROCEDURES

VA Statutes

Description

Penalties

Va. Code Ann. § 18.2-268.3 Refusal of tests; penalties; procedures It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is Shall be guilty of a violation of this section.
When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that

  • a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood,
  • a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial,
  • the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth,
  • The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.
The criminal penalty for unreasonable refusal within 10 years Of a prior conviction for driving while intoxicated or unreasonable refusal Class 2 misdemeanor
Of any two prior convictions for driving while intoxicated or unreasonable refusal Class 1 misdemeanor.
Va. Code Ann. § 18.2-268.3 The arresting officer shall, under oath before the magistrate, execute the form and certify,

  • that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing;
  • that the officer has read the portion of the form described in subsection B to the arrested person;
  • that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and

how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2. Class 2 misdemeanor
Class 1 misdemeanor

Refusal Of Blood/Breath Test (DUI) Defense In Fairfax, Virginia

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Virginia DUI Laws Fairfax Attorney Violation Code 18.2-266 Second offense

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DUI Laws – Fairfax Virginia Lawyers

If you are concerned about a DUI charge in Fairfax Virginia and concerned how the DUI Laws in Fairfax, Virginia may affect you, contact our law firm immediately for help.

DUI Laws Defense – Fairfax, Virginia Lawyers

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James v. Commonwealth

Facts:

Defendant appealed his conviction by the Circuit Court of Fairfax (Virginia) of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Following defendant’s appeal de novo to that court under Va. Code Ann. § 16.1-136, the circuit court amended to DUI second offense the warrant on which he was convicted of DUI first offense in a district court..

If you are facing a traffic case in Fairfax, 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:
  • For whatever else the Fifth Amendment guarantee against double jeopardy may embrace, it surely protects a man who has been acquitted from having to run the gauntlet a second time.
  • An exception to the Double Jeopardy Clause may exist where a state is unable to proceed on the more serious charge at the outset because the additional facts necessary to sustain that charge have not occurred or have not been discovered despite the exercise of due diligence.

DUI Laws Defense – Fairfax, Virginia Lawyers

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DUI Penalties Fairfax Virginia

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DUI Penalties Fairfax Virginia

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Nelson v. Commonwealth

Facts:

Defendant appealed his conviction by the Circuit Court of driving under the influence (DUI), second or subsequent offense, in violation of Va. Code Ann. § 18.2-266 for which Penalties were imposed. Following defendant’s appeal de novo to that court under Va. Code Ann. § 16.1-136, the circuit court amended to DUI second offense the warrant on which he was convicted of DUI first offense in a district court.

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:
  • In Virginia, when misdemeanor charges are initiated by warrant and a defendant is convicted of those charges in district court, he may appeal to the circuit court for a trial de novo. A trial on the same charges in the circuit court does not violate double jeopardy principles, subject only to the limitation that conviction in the district court for an offense lesser included in the one charged constitutes an acquittal of the greater offense, permitting trial de novo in the circuit court only for the lesser-included offense.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

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Sris Law Group
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DUI Fairfax Virginia First Offense

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DUI Fairfax Virginia First Offense

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Davis v. Commonwealth

Facts:

Defendant was arrested for DUI first offense, and prior to trial, he was again arrested and charged with DUI second offense. Prior to a trial de novo in the circuit court for the first arrest, the district court convicted defendant of the lesser-included offense of DUI first offense for the second charge. On review, the court reversed his conviction for DUI second offense based on double jeopardy.

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 exception to the Double Jeopardy Clause may exist where a state is unable to proceed on the more serious charge at the outset because the additional facts necessary to sustain that charge have not occurred or have not been discovered despite the exercise of due diligence.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
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DUI Charges Fairfax Virginia

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DUI Charges Fairfax Virginia

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Louis v. Commonwealth

Facts:

A police officer stopped defendant for speeding. He noticed that defendant had a strong odor of alcohol and red, watery eyes. The officer asked defendant to take field sobriety tests. Defendant failed the tests. The officer arrested her under the charges of driving under the influence of alcohol (DUI). He read her the implied consent form, but defendant refused to take a breath test. She argued that the evidence was insufficient to sustain her conviction The court of appeals held that the trial court did not err in finding defendant guilty of driving under the influence of alcohol.

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. § 18.2-266(ii) prohibits driving while such person is under the influence of alcohol. That degree of intoxication, or being “under the influence of alcohol,” is established when any person has consumed enough alcoholic beverages to so affect his manner, disposition, speech, muscular movement, general appearance or behavior, as to be apparent to observation.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

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Sris Law Group
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DUI Fairfax Virginia Code

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DUI Fairfax Virginia Code

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Wine v. Commonwealth

Facts:

Following a bench trial, defendant was convicted of misdemeanor driving under influence (DUI) under Va. Code Ann. § 18.2-266, and speeding under Va. Code Ann. § 46.2-875. The Circuit Court of Southampton County (Virginia) sentenced defendant to 30 days in jail, suspended, fined him $ 250, suspended his license for 12 months, and ordered him to pay a $ 50 fee for the Trauma Center Fund for the driving while intoxicated conviction. Defendant appealed.

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 estimate of the speed at which an automobile was moving at a given time is generally viewed as a matter of common observation rather than expert opinion, and it is accordingly well settled that any person of ordinary experience, ability, and intelligence having the means or opportunity of observation, whether an expert or nonexpert, and without proof of further qualification may express an opinion as to how fast an automobile which came under his observation was going at a particular time. Speed of an automobile is not a matter of exclusive knowledge or skill, but anyone with a knowledge of time and distance is a competent witness to give an estimate; the opportunity and extent of observation goes to the weight of the testimony.

Contact our law firm today to speak with a lawyer today about your DUI ticket.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-703-278-0405

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