Traffic Stop Prince William Virginia Lawyer Speed Drive
Traffic Stop Prince William Virginia Lawyer Speed Drive
James v. Commonwealth
Facts:
Defendant was indicted by a Prince William County grand jury for reckless driving and for the felony failure to stop and provide certain information in violation of Code § 46.2-894. At a bench trial, the circuit court convicted the defendant of reckless driving and fixed his punishment at six months in jail. The circuit court convicted and fixed his punishment at two years imprisonment, which was suspended, and a fine of $ 1,000. The Court of Appeals affirmed the judgment of the circuit court. Appellant appealed.
Traffic Stop Prince William Virginia Lawyer
Issue:
- Whether the driver of a vehicle was involved in an accident within the intendment of Code § 46.2-894, a penal statute?
Discussion:
The court rejecting the court of appeals’ broad definition of “involved,” this court held that to be “involved” in an accident within the meaning of § 46.2-894, there had to be physical contact between appellant’s vehicle and another vehicle, person, or object, or appellant must have been the proximate cause of the accident. Applying this definition to appellant’s circumstances, the Supreme Court held that he was not involved in the accident within the meaning of § 46.2-894. His vehicle did not have any physical contact with the other driver’s vehicle. He was not a cause of the accident; rather, he reduced his speed, and ultimately allowed the other driver to enter into his lane. A law enforcement officer, who testified as an accident reconstruction expert, stated that the other driver had ample opportunity to slow down after merging into appellant’s lane before she lost control of her car, left the road, and collided into two different trees. She apparently did not slow down, however, and the accident resulted in her death and that of her four-year-old child. Hence the court of appeals’ judgment was reversed, and appellant’s conviction for violating § 46.2-894 was dismissed.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Suspended License Rockingham Virginia Valid Offense Alleged Lawyer
Suspended License Rockingham Virginia Valid Offense Alleged Lawyer
Rose v. Commonwealth
Facts:
Defendant appealed the judgment of the Circuit Court of Page County (Virginia), which convicted her in a bench trial of driving without a valid license, in violation of Va. Code Ann. § 46.2-300.
Suspended License Rockingham Virginia Valid Offense Alleged Lawyer
Issue:
- Whether the evidence was sufficient to prove that defendant’s suspended license was not a “valid” license?
Discussion:
Defendant’s license had been suspended. Defendant contended on appeal that the evidence was insufficient, as a matter of law, to prove that her suspended license was not a “valid” license as contemplated by Va. Code Ann. § 46.2-300 in that at the time of the alleged offense, her license, though suspended, was valid until it expired and the suspension of her license was merely a temporary withdrawal of the privilege to drive and did not, unlike a revocation, require reapplication at the end of the suspension period to be reinstated. The court found no merit in defendant’s argument and held that, upon applying the rules of statutory construction, the legislature intended to recognize separate violations of § 46.2-300 for driving after failing to apply for a license and driving without a valid license. The court noted that § 46.2-300 prohibited defendant from driving “until” the acts of applying for a license, passing and exam, and actually obtaining the license were accomplished. Va. Code Ann. § 46.2-300. The court affirmed the judgment.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Suspended License Virginia DMV Record Evidence Lawyers Norfolk County
Suspended License Virginia DMV Record Evidence Lawyers Norfolk County
Giles v. Commonwealth
Facts:
Defendant challenged a judgment of the Circuit Court of the City of Norfolk (Virginia), which, after a bench trial, convicted him of driving on a suspended license in violation of Va. Code Ann. § 46.2-301. Defendant contended that the trial court erred by admitting into evidence his Division of Motor Vehicles (DMV) driving record.
Suspended License Virginia DMV Record Evidence Lawyers
Issue:
- Whether the trial court erred by admitting into evidence his Division of Motor Vehicles (DMV) driving record?
Discussion:
Defendant was stopped by an officer for failure to stop at a stop sign. Defendant gave the officer his automobile registration, but not his operator’s license. The Commonwealth introduced into evidence a copy of defendant’s DMV driving record. Defendant objected on hearsay grounds to its admissibility to prove his prior convictions of driving on a suspended license. The court affirmed and held as follows: defendant’s DMV driving record was properly admitted, pursuant to Va. Code Ann. § 46.2-215 and the official documents exception to the hearsay rule, for the limited purpose of proving that defendant had notice of his suspension; official DMV records were admissible as an exception to the hearsay rule if the document related facts or events within the personal knowledge and observation of the recording official to which he could have testified should he have been called as a witness; and the statutory duties imposed on the clerk of a trial court by § 46.2-382(1) satisfied the personal knowledge requirement of the official documents exception to the hearsay rule. The court affirmed the judgment of conviction
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Suspended License Virginia Evidence Sufficient Violation Lawyers York County
Suspended License Virginia Evidence Sufficient Violation Lawyers York County
Jessica v. Commonwealth
Facts:
Defendant appealed the judgment of the Circuit Court of York County (Virginia), which convicted her in a bench trial of driving without a valid license, in violation of Va. Code Ann. § 46.2-300.
Suspended License Virginia Evidence Sufficient Violation Lawyers
Issue:
- Whether the evidence was sufficient to prove that her suspended license was not a “valid” license as contemplated by Code § 46.2-300?
Discussion:
Defendant’s license had been suspended. Defendant contended on appeal that the evidence was insufficient, as a matter of law, to prove that her suspended license was not a “valid” license as contemplated by Va. Code Ann. § 46.2-300 in that at the time of the alleged offense, her license, though suspended, was valid until it expired and the suspension of her license was merely a temporary withdrawal of the privilege to drive and did not, unlike a revocation, require reapplication at the end of the suspension period to be reinstated. The court found no merit in defendant’s argument and held that, upon applying the rules of statutory construction, the legislature intended to recognize separate violations of § 46.2-300 for driving after failing to apply for a license and driving without a valid license. The court noted that § 46.2-300 prohibited defendant from driving “until” the acts of applying for a license, passing and exam, and actually obtaining the license were accomplished. Va. Code Ann. § 46.2-300. The court affirmed the judgment.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Suspended License Virginia Judgment Lawyers Rockingham County
Suspended License Virginia Judgment Lawyers Rockingham County
Elizabeth v. Commonwealth
Facts:
Defendant appealed the judgment of the Circuit Court of Rockingham County (Virginia), which convicted her in a bench trial of driving without a valid license, in violation of Va. Code Ann. § 46.2-300.
Suspended License Virginia Judgment Lawyers
Issue:
- Whether the evidence was sufficient to prove that defendant’s suspended license was not a “valid” license as contemplated by Code § 46.2-300?
Discussion:
Defendant’s license had been suspended. Defendant contended on appeal that the evidence was insufficient, as a matter of law, to prove that her suspended license was not a “valid” license as contemplated by Va. Code Ann. § 46.2-300 in that at the time of the alleged offense, her license, though suspended, was valid until it expired and the suspension of her license was merely a temporary withdrawal of the privilege to drive and did not, unlike a revocation, require reapplication at the end of the suspension period to be reinstated. The court found no merit in defendant’s argument and held that, upon applying the rules of statutory construction, the legislature intended to recognize separate violations of § 46.2-300 for driving after failing to apply for a license and driving without a valid license. The court noted that § 46.2-300 prohibited defendant from driving “until” the acts of applying for a license, passing and exam, and actually obtaining the license were accomplished. Va. Code Ann. § 46.2-300. The court affirmed the judgment.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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
Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers Norton City
Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers Norton City
MIKE V. COMMONWEALTH
Facts:
Defendant was convicted in a bench trial of operating a motor vehicle in excess of the posted speed limit, in violation of Va. Code Ann. § 46.2-870, after being pulled over and charged by an officer using a radar gun. Defendant appealed, arguing his motion to suppress based on alleged inaccuracies of the radar gun should have been allowed and error occurred in the admission of documentary evidence without requiring it to be authenticated. Defendant appealed the Circuit Court of Norton City (Virginia) denial of his motion to suppress evidence of his speed and defendant alleged error in the admission of documentary evidence without requiring it to be authenticated.
Speeding Virginia Traffic Radar Gun Inaccuracy Lawyers
Issue:
Whether the defendant’s motion to suppress evidence of his speed and defendant alleged error in the admission of documentary evidence to be authenticated?
Discussion:
The court found the officer’s testing of the radar gun using a tuning fork and speedometer test were sufficient under Va. Code Ann § 46.2-882 to allow in the evidence of defendant’s speed. Consequently, the officer had a reasonable articulable suspicion that defendant was speeding and the evidence was properly admitted. Even though the trial court erred by admitting documents under the official records or business records exceptions, such error was harmless. Defendant’s conviction stood. The court affirmed the conviction, finding the motion to suppress was properly denied because the radar device, which was previously tested for accuracy, indicated defendant was speeding, thus giving the officer probable cause to stop defendant and charge him with speeding. The error in admission of documents was harmless.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Virginia Traffic Ticket Public Highway Speed Limit Attorneys Loudoun County
Virginia Traffic Ticket Public Highway Speed Limit Attorneys Loudoun County
THOMAS v. COMMONWEALTH OF VIRGINIA
FACTS:
Deputy Klatch was monitoring west-bound traffic on a public highway. The posted speed limit on that portion of the highway was fifty miles per hour, although elsewhere on the same road the posted speed limit was fifty-five miles per hour. Klatch recorded Thomas speed at sixty-seven miles per hour and initiated a traffic stop. He issued Thomas a summons charging him with a violation of Code § 46.2-878. Thomas was charged with violating Code § 46.2-878. Following a bench trial, the Circuit Court of Loudoun County (Virginia) convicted him of speeding in violation of Va. Code Ann. § 46.2-870. Defendant appealed. On appeal he contends the trial court erred when it failed to grant his motion to strike because there can be no lesser included offenses of a traffic violation.
Virginia Traffic Ticket Public Highway Speed Limit Attorneys
ISSUES:
- The issue to be decided here is whether traffic infractions are treated like criminal offenses and other charges and can one be construed as a lesser-included offense of another.
DISCUSSION:
A traffic infraction, while not criminal in nature, is a violation of law punishable as provided in § 46.2-113, which is neither a felony nor a misdemeanor, Code § 46.2-100. As such, traffic infractions are punishable by a fine of not more than that provided for a Class 4 misdemeanor under § 18.2-11. Code § 46.2-113. Additionally, under Code § 46.2-937, for purposes of arrest, traffic infractions shall be treated as misdemeanors. Thus, for certain purposes, traffic infractions are treated like criminal offenses and other charges and nothing precludes one being a lesser-included offense of another.
Thomas also asserts that for an offense to be lesser included of another, it must be of lesser magnitude of the other. However, whether one offense is a lesser included offense of the other depends upon whether the elements of the greater offense necessarily include all elements of the lesser. A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense. An offense is not a lesser included offense of another if each offense contains an element that the other does not. Contrary to Thomas’s assertion, there is no requirement that a lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense. The potential punishment accorded each offense is immaterial to the determination of whether one offense is a lesser-included offense of another.
DECISION:
The judgment of the trial court was affirmed.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Virginia Traffic Ticket Speed Limit Violation Lawyers Rockbridge County
Virginia Traffic Ticket Speed Limit Violation Lawyers Rockbridge County
BLACK v. COMMONWEALTH OF VIRGINIA
Facts:
Defendant was operating his vehicle on Interstate 81 in Rockbridge County. He was stopped by Trooper and was issued a summons for traveling seventy-eight miles per hour in sixty-five miles per hour zone. Defendant was convicted in a bench trial of operating a motor vehicle in excess of the posted speed limit, in violation of Va. Code Ann. § 46.2-870, after being pulled over and charged by an officer using a radar gun. Defendant appealed, arguing his motion to suppress based on alleged inaccuracies of the radar gun should have been allowed and error occurred in the admission of documentary evidence without requiring it to be authenticated.
Virginia Traffic Ticket Speed Limit Violation Lawyers
Issue:
- Whether the Motion to suppress was properly denied by the lower court?
Discussion:
The court found the officer’s testing of the radar gun using a tuning fork and speedometer test were sufficient under Va. Code Ann § 46.2-882 to allow in the evidence of defendant’s speed. Consequently, the officer had a reasonable articulable suspicion that defendant was speeding and the evidence was properly admitted. Even though the trial court erred by admitting documents under the official records or business records exceptions, such error was harmless. Defendant’s conviction stood. Accordingly this court affirmed the conviction, finding the motion to suppress was properly denied because the radar device, which was previously tested for accuracy, indicated defendant was speeding, thus giving the officer probable cause to stop defendant and charge him with speeding. The error in admission of documents was harmless.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket. A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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
Virginia Traffic Ticket Speeding Violation Attorneys Bath County
Virginia Traffic Ticket Speeding Violation Attorneys Bath County
THOMAS SR. v. COMMONWEALTH OF VIRGINIA
Facts:
Defendant was charged with violating Code § 46.2-878. Following a bench trial, the trial court convicted him of speeding in violation of Code § 46.2-870. Defendant appealed, on appeal he contends the trial court erred when it failed to grant his motion to strike because there “can be no lesser included offenses of a traffic violation.”
Virginia Traffic Ticket Speeding Violation Attorneys
Issue:
- Whether the trial court erred by denying the defendant’s motion to strike?
- Whether the lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense?
Discussion:
This Court found that, contrary to defendant’s assertion, there was no requirement that a lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense. An offense was “lesser” if its elements were also elements of the “greater” offense. That the simple assault and battery is a lesser-included offense of sexual battery, both Class one misdemeanors under Code §§ 18.2-57 and 18.2-67.4(B), respectively. An offense is “lesser” if its elements are also elements of the “greater” offense. The potential punishment accorded each offense is immaterial to the determination of whether one offense is a lesser-included offense of another. For the foregoing reasons, this Court finds no error and affirmed the trial court’s decision.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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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