DUI Felony Fairfax Virginia

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DUI Felony 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.

Stewart v. Commonwealth

Facts:

The Circuit Court convicted defendant of driving while having the status of an habitual offender. Defendant appealed. Defendant contended the trial judge rendered impermissible, inconsistent verdicts by convicting him of a felony after acquitting him of violating Va. Code Ann. § 18.2-266, which was an element of the felony offense. The State responded that the record established the judge did not reject the evidence of driving under the influence and that he gave an explanation, which established that the verdicts were not truly inconsistent. The court of appeals agreed with the State.

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:

  • Where the trial judge on the record explains an apparent inconsistency in the verdicts, and where the explanation shows that the trial court’s action was proper and that there was no unfairness, inconsistent verdicts would be sustained.

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

Fairfax Virginia DUI Attorney

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Fairfax Virginia DUI Attorney

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.

Darren v. Commonwealth

Facts:

Defendant was convicted of misdemeanor hit-and-run pursuant to Va. Code Ann. § 46.2-894, and driving under the influence of alcohol (DUI) pursuant to Va. Code Ann. § 18.2-266. Defendant appealed, arguing that the trial court erred in refusing to allow the attorney to cross-examine a witness, who was a passenger in the car, about the witness’s two prior DUI convictions. The court held the trial court erroneously refused to allow cross-examination. Evidence that the witness would receive a harsher sentence because of the other convictions was probative of the witness’s bias in testifying defendant was behind the wheel at the time of the accident.

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:
  • A witness’ testimony is the “improper” evidence the court evaluates, to determine its effect, if any, on the verdict. In performing such analysis, the court evaluates the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony on material points, the extent of cross-examination of the witness otherwise permitted and, of course, the overall strength of the prosecution’s case.
  • A conviction for hit-and-run pursuant to Va. Code Ann. § 46.2-894 requires proof of knowledge. The driver must be aware that harm has been done; it must be present in his mind that there has been an injury to person or property, and then, with that in his mind, he must deliberately go away without making himself known.

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

Fairfax Virginia DUI Laws

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Fairfax Virginia DUI Laws

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.

Simon v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of driving under the influence (DUI)and aggravated involuntary manslaughter, in violation of Va. Code Ann. §§ 18.2-266 and 18.2-36.1(B), respectively under virginia laws. He 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:
  • Va. Code Ann. § 18.2-268.3 provides that if an arrestee for driving under the influence (DUI) refuses repeatedly to submit to blood or breath testing after being advised of the possible consequences of such refusal, no blood or breath samples shall be taken, and if charged with unreasonably refusing to submit to such testing, the arrestee may introduce evidence to try to establish that his refusal was reasonable.

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

DUI Virginia Fairfax Lawyer

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DUI Virginia Fairfax Lawyer

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.

David v. Commonwealth

Facts:

Defendant was convicted in a bench trial of driving under the influence (DUI). On appeal, the court reversed defendant’s conviction and remanded for a new trial based on a finding that the trial court violated due process rights when it allowed the amendment of the warrant to allege a “second offense.” The court found manifest injustice because had the denial of due process not occurred, defendant, of necessity, would have received a more favorable result. Defendant was required to face a more serious charge in the circuit court as a result of exercising his statutory right to a trial de novo. The difference in penalty range made the charge “a more serious charge.”

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:
  • Since the fear of such vindictiveness may unconstitutionally deter a defendant’s exercise of the right to appeal due process also requires that a defendant be freed of apprehension of such a retaliatory motivation.
  • A person convicted of an offense is entitled to pursue his statutory right to a trial de novo, without apprehension that the state will retaliate by substituting a more serious charge for the original one, thus subjecting him to a significantly increased potential period of incarceration.

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

DUI Virginia Fairfax Misdemeanor

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DUI Virginia Fairfax Misdemeanor

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.

Shephard v. Commonwealth

Facts:

An officer saw defendant’s car being operated erratically and transmitted that sighting to another city’s officer who arrested defendant for DUI when he was outside his car filling it with gas. The warrantless arrest for DUI was unlawful under § 19.2-81 since the offense, a misdemeanor, was not committed in the arresting officer’s presence. The arrest was supported by probable cause and so it was not unconstitutional. Thus, the exclusionary rule for an unconstitutional arrest did not apply, and the court affirmed the DUI conviction. The remedy for § 19.2-81 violation was not suppression of the arrest itself, at least absent prejudice to defendant. However, defendant was improperly charged with Va. Code Ann. § 18.2-268, refusing to submit to a breath or blood test, since he was not legally under arrest for DUI, since his arrest was in violation of Va. Code Ann. § 19.2-81.

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:
  • Where a defendant’s arrest for driving under the influence is unlawful, as in violation of Va. Code Ann. § 19.2-81, because the misdemeanor offense is not committed in the arresting officer’s presence, when he is read his implied consent rights under the implied consent statute, his refusal does not constitute a violation of that statute, which requires that a defendant have been lawfully arrested to be subject to the statute’s mandate.
  • Where a defendant is arrested for a misdemeanor committed outside an arresting officer’s presence, his warrantless arrest is unlawful, and as a consequence, the result of a Breathalyzer test is inadmissible.

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

DUI Lawyer Fairfax Virginia Reckless Driving Traffic Ticket

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DUI Lawyers – Fairfax, Virginia

DUI (Driving Under The Influence) in Virginia is a violation of Virginia Code Section 18.2-266 and is a serious criminal offense. If you have been arrested for DUI in Fairfax, Virginia, then you need a good DUI Lawyer to defend you in Court. In Virginia, you can be arrested for drunk driving if a Fairfax police officer determines there is probable cause. The police officer will usually determine if there is probable cause for an arrest based on field sobriety tests such as the One Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus. The penalties for a DUI conviction can be devastating and significantly affect your lifestyle. This is especially true if either a Breath Test or Blood Test indicates a high blood alcohol content (BAC).

Drunk Driving Defense in Fairfax, Virginia

The thought of going to jail for a DUI or having to blow into an Ignition Interlock device every time you start your car can be a very scary and intimidating scenario. Add to that, the increase in automobile insurance rate, difficulty finding coverage, or losing your driver’s license for a year? Can you even imagine what would happen if you lost your vehicle, your job, or your freedom? In addition to all these problems, contemplate attending and completing an Alcohol Safety Action Program (ASAP) or being placed on Probation? These are the harsh realities of a conviction for Driving While Intoxicated. The SRIS Law Group Virginia attorneys who defend DUI in Fairfax have the experience and knowledge to defend you and will do their best to help you.

Reckless Driving

A reckless driving ticket in Virginia is not simple traffic ticket. If you have received a reckless driving ticket in Fairfax, then speak with us about what options you have regarding your reckless driving charge. A reckless driving lawyer from our firm will advise you what options you have regarding your Virginia uniform summons. The law requires you to be personally present for your reckless driving ticket in Fairfax. However, depending on the facts of your reckless driving ticket, we may be able to represent you in your absence. Talk with a Virginia lawyer from our firm to determine if your reckless driving charge in Fairfax, Virginia can been handled without you having to personally appear before a Fairfax Judge.

In Virginia, Reckless Driving is a Class One Misdemeanor criminal offense, the same category of offense as DUI, and is punishable by up to 12 months in jail, a $2,500 fine, and/or loss of your Virginia driving privilege for up to six months. A conviction for Reckless Driving can result in actual jail time, your job/security clearance, your driving record and your automobile insurance policy.

Traffic Attorney Fairfax Virginia

If you have received a traffic ticket in Fairfax, Virginia, you need an experienced traffic lawyer to defend you and do the best he can to get you the best results possible based on the facts of your case. The SRIS Law Group VA lawyer who will defend you has the knowledge and experience to defend you. An attorney from our firm will discuss the facts of your traffic case and advise you as to what options you have regarding your ticket. Frequently, depending on the facts of your traffic case, we may be able to represent you in your absence. Talk with our Virginia lawyer to determine if your traffic ticket in Fairfax, Virginia can been handled without you having to personally appear before a Fairfax Judge.

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

Fairfax Virginia First Offense DUI Time CDL Driving Under Influence

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VIRGINIA DWI / DUI DEFENSE ATTORNEYS

Virginia lawyers of SRIS, P.C. defend DUI & DWI (drunk driving) law.

SRIS, P.C. has a number of Virginia attorneys who defend DUI & DWI Cases. The firm’s Virginia attorneys represent clients who are charged with Virginia DUI (Driving under the influence), Virginia DWI (Driving while impaired) offenses. (See also VA Code 18.2-266 ). It is important to retain a Virginia lawyer if you are charged with a Virginia DUI. In addition to fines, your driver’s license may be revoked or suspended in the state of Virginia. Also, depending on your BAC, you may face mandatory jail time in Virginia if convicted of a Virginia DUI or Virginia DWI. If you wish to consult a SRIS, P.C. Virginia attorney regarding your DUI in Virginia, please call us at 888-437-7747. A Virginia lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia DUI.

A conviction of Virginia DUI charges or Virginia moving violation may also cause your insurance company to increase your rates to an unmanageable level.

We hope this information will provide you greater guidance in your quest for information and defense of Virginia DUI violations.

Virginia DUI/DWI Commonly Asked Questions.

The following are some of the questions; the clients of SRIS, P.C. ask us when they have been charged with a Virginia DUI/DWI offense.

  • This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI?
  • Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?
  • Will I lose my license if I am convicted of 1st offense DUI in Virginia?
  • I blew a .08 at the police station. What does this mean in Virginia?
  • Is the law tougher on those who have a BAC higher than a .08 in Virginia?
  • Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work in Virginia?
  • What can I do with a restricted license in Virginia?
  • What does the implied consent test mean in Virginia?
  • If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?
  • I have a CDL and I operate a commercial vehicle. Are the laws different for those who have a CDL in Virginia?
  • What will a conviction for a Virginia DUI/DWI do to my automobile insurance rates?
  • What if I am convicted of DUI/DWI related injury in Virginia?
  • Why do I need a SRIS, P.C. Virginia DUI – DWI lawyer or Virginia traffic lawyer?

This is my first DUI charge in Virginia. What is the law in Virginia regarding a first offense DUI? (top)

A conviction for a DUI/DWI offense in Virginia is a class 1 misdemeanor.

What is a class one misdemeanor mean?

A class 1 misdemeanor in Virginia is punishable by up to one year in jail and/or up to $2500 in fines.

Is there anything else that is going to happen to me if I get convicted of a DUI in Virginia for the first time?

Like most states, Virginia requires all individuals who have been convicted of a DUI to enter in and successfully complete an Alcohol Safety Action Program (Commonly referred to as ASAP.

Will I lose my license if I am convicted of 1st offense DUI in Virginia?

Yes, if you have been convicted of a first offense DUI in Virginia, then the law requires that you license to drive in Virginia be revoked for a period of one year.

I blew a .08 BAC at the police station. What does this mean in Virginia?

In Virginia, if you blow into the Intoxilyzer 5000 and your blood alcohol content (BAC) is a .08 or higher, the presumption is that you are DUI/DWI. If your BAC is .08 or higher, you automatically have your license suspended for seven days. Please keep in mind that this is separate and apart from the 1 year loss of your license to drive in Virginia for one year. However, it the Commonwealth of Virginia’s burden to prove that if you are charged with refusal in Virginia, that your refusal was unreasonable.

Is the law tougher on those who have a BAC higher than a .08 in Virginia?

A BAC of .15 or higher does have mandatory penalties even for first time DUI/DWI offenders in Virginia. Please see the chart to see a comprehensive list of penalties for those who are convicted of have a BAC of .15 or higher in Virginia.

Is there any good news regarding the revocation of my license in Virginia for a DUI/DWI? How am I going to get to work?

The law does give the Court authority to grant a person who is convicted of a first offense DUI/DWI in Virginia to get a restricted license.

What can I do with a restricted license in Virginia?

The following are the different things a person with a restricted license for a DUI/DWI can do in Virginia:

  • Driving to and from VASAP (Alcohol Safety Action Program)
  • Driving to and from work
  • Driving during work hours if it is necessary for your job. (You will have to show proof that you are driving for work purposes if you are stopped during your working hours.
  • Driving to and from school
  • Driving to and from medical treatment
  • Driving to and from the daycare if you have children.
  • Driving to and from the other parent’s house if you have court ordered visitation.

What does the implied consent test mean?

By Virginia law, if you drive or operate a motor vehicle upon the public highways of Virginia, you have automatically agreed to take a chemical test by virtue of you getting behind the wheel. The test is mandatory, not optional. Failure to take the test will result in your license being immediately suspended for seven days. You will also be charged with refusal to take a breath test. If you are convicted of a refusal in Virginia, then you will lose your license for one year and you are not eligible for a restricted license. That means no driving, no matter what.

If I am under the age 21, can I still be charged and convicted of a DUI in Virginia, even if my BAC was not a .08?

If you convicted of a Virginia DUI/DWI and you are under 21, your BAC will determine what the penalty will be. If your BAC 0.02 or higher but less than 0.08, you can be fined up to $500 and have your driver’s license suspended for six months. To learn more, please read about the DUI/DWI laws and underage possession of alcohol in Virginia. However, if your BAC is .08 or higher, then your penalties will be the same as a driver over 21.

I have a CDL and I operate a commercial vehicle. Are the laws in Virginia different for those who have a CDL?

A number of our clients are commercial vehicle drivers such as truck drivers, heavy equipment operators, etc who have been charged with a Virginia DUI/DWI. Therefore, we recognize that some of our clients are faced with the daunting prospect of loosing their job if they are convicted of a Virginia DUI/DWI. The Virginia DUI laws regarding a Virginia DUI/DWI for those who possess a CDL is that there is a mandatory loss of the CDL if your BAC is.04 or higher at the time of the person operating a commercial motor vehicle. The Virginia DUI law is even more severe if the commercial vehicle operator was transporting hazardous materials at the time of the stop by the police officer. This will cause the person possessing the CDL to lose their license for three years. Again, a refusal of a blood or breath test in Virginia will result in a one year loss of the person’s CDL.

Lastly, a lot of our clients ask us what will a conviction in Virginia for a DUI/DWI do to their automobile insurance rates?

If you are convicted of a DUI/DWI in Virginia, your insurance rates will definitely go up. Car insurance companies require those who have been convicted of a DUI/DWI in Virginia to get a special type of high risk insurance called an SR-22. This is a very expensive insurance policy. If you do not get this insurance policy, your insurance company will most likely drop your insured status. If you are stopped and the officer finds out you do not have car insurance, then you will be charged with a separate offense.

What if I am convicted of DUI/DWI related injury in Virginia?

If you are convicted of a DUI/DWI and another person was hurt as a result of you driving under the influence, the penalties are significantly higher. You are strongly urged to consult with a Virginia DUI/DWI defense lawyer.

To learn more about the laws pertaining to DUI/DWI/OUI laws in Maryland, please click on the state.

Why do I need a SRIS, P.C. Virginia lawyer?

The media often makes it seem as if a DUI or DWI charge in Virginia are no-win situations. Because of this, many people unwittingly face a criminal system armed with unlimited resources to convict violators. However, the Virginia DUI – DWI lawyers of SRIS, P.C. have proven time and time again, it IS possible to defend drunk driving (DUI) charges AND to avoid DUI convictions.

The Virginia attorneys of SRIS, P.C. can advise you as to whether you were stopped without proper authority, subjected to fallible sobriety tests, or arrested because of inaccurate intoxilizer readings. Unfortunately, none of this matters if you do not consult a SRIS, P.C. Virginia defense attorney to challenge the prosecutor’s case.

DUI offenses in Virginia result in six points on your driving record and stay on your record for eleven (11) years with the exception of the underage DUI which stays on your record for three (3) years. The following are the different driving under the under the influence offenses in Virginia:

  • Driving while intoxicated – (DWI)
  • Driving under the influence of alcohol or drugs – (DUI)
  • Driving under the influence of drugs – (DUID)
  • Driving after illegally consuming alcohol (persons under age 21) – Baby DUI
  • Driving while intoxicated – maiming – (DWI)
  • Involuntary manslaughter/alcohol
  • Refusing blood/breath test
  • Driving while your license is suspended or revoked for driving while intoxicated (DOS/DWI)
  • Driving while your license is revoked for driving while intoxicated – maiming
  • Driving while your license is revoked for driving while intoxicated – involuntary manslaughter

Our Virginia lawyers and staff speak various languages, including English, Tamil, Spanish, Arabic, French, Hindi, Cantonese, Mandarin, and Telugu.

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

Fairfax Underage Possession Alcohol Virginia DUI Laws Penalties

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Virginia DUI Laws: Underage Possession Laws & Penalties

  • Equal Penalties
  • Zero Tolerance for Under 21
  • Persons to Whom Alcoholic Beverage May Not Be Sold
  • Underage Possession of Alcohol
  • Purchase Alcohol for Underage Persons
  • Drinking/Possessing Alcohol on School Grounds
  • Misrepresentation of Age

VIRGINIA IS TOUGH – on underage drinkers driving under the influence of alcohol or drugs and underage possession of alcohol. Another term for underage possession of alcohol is (MIP- Minor In Possession Of Alcohol)

Now more than ever, Virginia school officials and college campus police are enforcing the law on underage possession of alcohol (MIP- Minor In Possession Of Alcohol) in Virginia.

A conviction for underage possession of alcohol in Virginia (MIP- Minor In Possession Of Alcohol)

can result in any or all of the following possible consequences. Suspension from the academic institution, expulsion or disciplinary actions, etc.

Also, a conviction for underage possession in Virginia can result in car insurance rates being raised for the convicted individual. Some car insurance companies are raising the rates of car insurance as high as $5000 per year for those who are convicted of underage possession.

Please contact a Virginia lawyer of the Law Offices of SRIS, P.C. to determine what options you have if you are charged with underage possession in Virginia.

Virginia Code §18.2-266.1 – Equal Penalties

Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older.

Virginia Code §18.2-266.1 – Zero Tolerance for Under 21

If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver’s license suspension.

Virginia Code §4.1-304 – Persons to Whom Alcoholic Beverage May Not Be Sold

If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail.

Virginia Code §4.1-305 – Underage Possession of Alcohol

If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-306 – Purchase Alcohol for Underage Persons

If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail.

Virginia Code §4.1-309 – Drinking/Possessing Alcohol on School Grounds

Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail.

Virginia Code §4.1-305B – Misrepresentation of Age

If you are under age 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:

  • be fined at least $500 but not over $2,500
  • be required to perform at least 50 hours of community service
  • face up to 12 months in jail, and
  • be subject to suspension of your driver’s license for up to 12 months

The Virginia attorneys and SRIS, P.C. client meeting locations are located in Fairfax, Lynchburg, Manassas, Richmond, Fredericksburg and Virginia Beach but our sphere of activity is statewide. We handle underage DUI charges in Virginia and underage possession of alcohol charges ((MIP- Minor In Possession Of Alcohol) in Virginia

Our Virginia DUI lawyers & Virginia DWI attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

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

Fairfax DUI Private Property Virginia

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DUI On Private Property Charges – Virginia Lawyers

If you need to defend a DUI On Private Property charge in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

DUI On Private Property Defense in Virginia.

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.

Julian v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Fairfax (Virginia), which convicted him of driving under the influence (DUI) of alcohol and improper driving as proscribed by Va. Code Ann. § 46.2-869. Defendant contended that the evidence was insufficient to support his conviction. In this incident Defendant caused damage to private property.

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:
  • To sustain a conviction for improper driving, the evidence must prove guilt beyond a reasonable doubt
  • 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

DUI On Private Property Defense in Virginia.

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

Fairfax Appeal DUI Conviction Virginia

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Appeal DUI Conviction – Virginia Lawyers

There are many different penalties for a DUI Charge In Virginia.

If you are dealing with an Appeal Of A DUI Conviction In Virginia, contact our law firm immediately for help.

Appeal DUI Conviction In Virginia

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.

Methuen v. Commonwealth

Facts:

The commonwealth filed information against defendant based on an abstract showing three convictions. Two of the convictions were for DUI and one was for driving on a revoked license. At the show cause hearing, defendant contested the effect of the North Carolina record for DUI. The trial court found that the North Carolina offense did not amount to a conviction and dismissed the information because the two remaining convictions were not a sufficient basis for adjudication under the Habitual Offender Act. On appeal, the court reversed, finding that under North Carolina law, the forfeiture of bail was equivalent to a conviction. As such, defendant’s North Carolina bond forfeiture was required to be counted for purposes of determining his habitual offender status.

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 the purposes of determining who is an habitual offender, the Virginia Habitual Offender Act, Va. Code Ann. § 46.1-387.2(c), expressly includes offenses committed under the laws of sister states which substantially conform to specified Virginia statutes.
  • The forfeiture of collateral on a driving under the influence charge is equivalent to a conviction for the purpose of mandatory administrative suspension of an operator’s license. N.C. Gen. Stat. § 20-24(c) provides that for the purpose of that article, the term “conviction” shall mean a final conviction. Also, for the purposes of the article, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture had not been vacated, shall be equivalent to a conviction.

Appeal DUI Conviction In Virginia

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Article written by A Sris
Sris Law Group
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