License Revocation Lynchburg Virginia Lawyer Motor Vehicle Reckless Driving Evidence
License Revocation Lynchburg Virginia Lawyer Motor Vehicle Reckless Driving Evidence
Fernandez v. Commonwealth
Facts:
Plaintiff driver appealed from the judgment of the Corporation Court for the City of Lynchburg (Virginia), which dismissed his petition to set aside the revocation of his driver’s license by defendant Director of the Division of Motor Vehicles in accordance with Va. Code § 2154(186). The trial court rejected the driver’s argument that Va. Code § 2154(187) entitled the driver to a hearing before revocation.
License Revocation Lynchburg Virginia Lawyer
Issue:
- Whether there was any conflict between Va. Code § 2154(186) and Va. Code § 2154(187)?
Discussions:
The driver had two un-appealed convictions for reckless driving within a year. The Director revoked his license and refused to review the revocation on the grounds that revocation was mandatory. The trial court agreed and refused to review the underlying convictions. On appeal, the court found that there was no conflict between Va. Code § 2154(186) and Va. Code § 2154(187). The court held that Va. Code § 2154(186) gave mandatory direction to the director to revoke a license without a hearing after certain convictions, while Va. Code § 2154(187) gave the director the power to revoke based on proper evidence at a required hearing that the licensee had been guilty of the same offenses even without a conviction. The court further held that the trial court could not review earlier un-appealed judgments. The court rejected the argument that there was a contract created by the issuance of the driver’s license that prevented the Commonwealth from changing the required number of offenses from three to two. The court held that driving was a conditional privilege and was subject to the police power of the Commonwealth.
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.
DUI Alexandria Virginia Lawyer Speeding Reckless Violation Infraction
DUI Alexandria Virginia Lawyer Speeding Reckless Violation Infraction
Jackson v. Commonwealth
Facts:
In a motion to dismiss, defendant challenged a charge of driving while under the influence of intoxicants in violation of Va. Code Ann. § 18.2-266 after his speeding charge was converted to reckless driving because it violated Va. Code Ann. §19.2-294.1.
DUI Alexandria Virginia Lawyer
Issue:
- Whether conviction for speeding bars the conviction for DUI?
Discussions:
Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fines and costs and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and reckless driving. On review, the court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed.
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.
Reckless Driving Hampton Virginia Lawyer Habitual Offender
Reckless Driving Hampton Virginia Lawyer Habitual Offender
Dick v. Commonwealth
Facts:
Defendant appealed from an order of the Circuit Court of the City of Hampton (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively, contending that the evidence was insufficient to support the convictions.
Reckless Driving Hampton Virginia Lawyer
Issue:
- Whether the evidence was sufficient to support the defendant’s conviction?
Discussion:
Defendant was convicted by the circuit court of reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively, and he appealed. The court reversed defendant’s convictions, holding that the essence of the offense of reckless driving under Va. Code Ann. 46.2-852, lied not in the act of operating a vehicle, but in the manner and circumstances of its operation. The record did not disclose the time of the accident, the manner in which defendant drove the car, his blood alcohol level, the road condition, weather, traffic controls, or other circumstances probative of such a violation. Reckless driving was not a status offense, and defendant could not be convicted upon speculation as to what caused him to lose control of the car, therefore, the court held that the evidence was insufficient to support his conviction. The court also found the evidence to be insufficient to support a finding of felonious habitual offender endangerment and reversed that conviction, but remanded the case for further proceedings regarding the misdemeanor offense under Va. Code Ann. § 46.2-357(B)(1). The court reversed defendant’s convictions for reckless driving and feloniously driving after having been adjudicated an habitual offender, and remanded the case for further proceedings as to the misdemeanor habitual offender offense.
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.
Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Traffic Stop Prince William County Virginia Lawyer Intent Distribute Possession
Ruther v. Commonwealth
Facts:
Police stopped and arrested defendant for reckless driving. After spotting cocaine in the car as they looked in the glove compartment for defendant’s operator’s license and vehicle registration, the police arrested defendant for possession. A further search of the car revealed more drugs. Defendant filed a motion to suppress the drugs. The trial court denied the motion, and defendant was convicted for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding. Defendant appealed his conviction by the Circuit Court of the Prince William County (Virginia), for possession of cocaine with the intent to distribute, possession of marijuana, driving on a suspended license, and speeding.
Traffic Stop Prince William County Virginia Lawyer
Issue:
- Whether the trial court properly denied the defendant’s suppress motion?
Discussion:
The court affirmed in part and reversed and dismissed in part. The court affirmed the trial court’s denial of the motion to suppress, holding that because the police were authorized by Va. Code Ann. § 19.2-81 to arrest defendant for reckless driving, the drugs were legally found in a search incident to a lawful arrest. The court, however, reversed the trial court’s finding convicting defendant of driving with a suspended license, because the record did not show that defendant was aware that his license was suspended. The court reversed and dismissed the trial court’s conviction of defendant for driving with a suspended license, affirmed the trial court’s denial of defendant’s motion to suppress, and affirmed the trial court’s conviction of defendant for possession of cocaine with the intent to distribute, possession of marijuana, and speeding
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 Fairfax Virginia Lawyer Intoxication Dual Conviction
Speeding Fairfax Virginia Lawyer Intoxication Dual Conviction
Strickler v. Commonwealth
Facts:
Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge In a motion to dismiss, defendant challenged a charge of driving while under the influence of intoxicants in violation of Va. Code Ann. § 18.2-266 after his speeding charge was converted to reckless driving because it violated Va. Code Ann. §19.2-294.1.
Speeding Fairfax Virginia Lawyer
Issue:
- Whether the defendant was prevented for dual convictions of driving under the influence and reckless driving under Va. Code Ann. § 19.2-294.1?
Discussion:
This court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed
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.
Reckless Driving Bedford Virginia Lawyer Signal Lane Change
Reckless Driving Bedford Virginia Lawyer Signal Lane Change
Commonwealth v. Mitchell
Facts:
Defendant, after falling to engage his turn signal for a lane change, evaded the police. The chase led from a point more than one mile inside the city to a location more than one mile into an adjoining county. The city convicted him of reckless driving. The county convicted him of driving while intoxicated, but dismissed the reckless driving charge. Defendant challenged the decision of the Circuit Court of Bedford County (Virginia), which convicted him of reckless driving based upon the same act from an earlier conviction for reckless driving.
Reckless Driving Bedford Virginia Lawyer
Issue:
Whether Defendant’s earlier city conviction barred prosecution of the driving while intoxicated charge because it grew out of the same act, that is, the high-speed chase?
Discussion:
The court reversed, holding that the same act meant the same act of driving and contemplated a continuous, uninterrupted course of operation of a motor vehicle, without regard to the crossing of the boundary line between two localities. From the moment the police first observed defendant until finally apprehended, defendant engaged in a continuous, uninterrupted course of driving. The charges against him, therefore, grew out of the same act or acts within the meaning of Va. Code Ann. § 19.2-294.1. Hence, the earlier city conviction of reckless driving required the dismissal of the latter driving while intoxicated charge
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.
Driving Influence Franklin Virginia Lawyer Habitual Offender
Driving Influence Franklin Virginia Lawyer Habitual Offender
Willard v. Commonwealth
Fact:
The trial court’s finding that defendant was a habitual offender was based on a certified abstract from the Virginia Division of Motor Vehicles showing that defendant had one Virginia conviction and two West Virginia convictions for driving while intoxicated. The out-of-state convictions stemmed from a state statute and a municipality’s ordinance. Defendant argued that the ordinance did not conform to the Virginia statutes regarding driving while under the influence of alcohol because the ordinance was substantially broader. The trial court ruled that the ordinance was substantially similar to Va. Code Ann. §§ 18.2-266 and 18.2-269.
Driving Influence Franklin Virginia Lawyer
Issue:
- Whether the trial court erred in finding that an out-of-state conviction substantially conformed to the provisions of Code § 18.2-266?
Discussion:
In this case, the record of appellant’s convictions in West Virginia indicates only that he was convicted under a state statute and a city ordinance. This description permits the court to conclude only that the appellant committed the offense while operating a motor vehicle. It does not identify the specific provision of the ordinance he violated. Consequently, the court must examine the entire statutory prohibition to see if it permits convictions not permitted under Code § 18.2-266. The Lewisburg city ordinance includes several prohibitions against conduct which would not be violations of Code § 18.2-266; therefore, the court is unable to say that the conduct upon which the appellant’s convictions were based was that which is not included within the prohibitions of Code § 18.2-266. Thus, for the purposes of determining whether the appellant is a habitual offender, the applicable provisions of the Lewisburg city ordinance are not in this case substantially conforming. The trial court erred in concluding that the ordinance was substantially conforming and in finding the appellant a habitual offender. The judgment declaring the appellant a habitual offender is reversed and the information filed is 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 Henrico Virginia Lawyer Habitual Offender Evidence
Suspended License Henrico Virginia Lawyer Habitual Offender Evidence
Joseph v. Commonwealth
Facts:
Appellant driver challenged a judgment from the Circuit Court for the County of Henrico (Virginia) that adjudicated him to be an habitual offender according to Va. Code Ann. § 46.2-351.
Suspended License Henrico Virginia Lawyer
Issue:
- Whether the evidence was sufficient to prove that Appellant had the requisite three convictions to qualify him as an habitual offender?
Discussion:
The Commonwealth filed an information accompanied by a Virginia Department of Motor Vehicle (DMV) certificate and transcript of the driver’s record. The driver was served with an order to show cause why he should not be declared an habitual offender. At the show cause hearing, the Commonwealth introduced the certificate and the transcript, which included a conviction in a city in another state for driving on a revoked or suspended license. The driver contended that the evidence was insufficient to prove that he had the requisite three convictions to qualify him as an habitual offender. The driver asserted that the evidence did not support the circuit court’s finding that he was the same person who was convicted of driving on a revoked or suspended license. The court held that the Commonwealth introduced prima facie evidence that the driver was the same person as the one who the DMV’s records showed had been convicted of driving with a revoked or suspended license. The circuit court correctly held that the driver was an habitual offender based on sufficient evidence because the driver’s failed to rebut the prima facie presumption that he had been duly convicted on three occasions. The court affirmed the circuit court’s 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 Chesterfield Virginia Lawyer Calibration Evidence
Speeding Chesterfield Virginia Lawyer Calibration Evidence
Julian v. Commonwealth
Facts:
Defendant appealed a judgment of the Circuit Court of Chesterfield County (Virginia), which convicted him of speeding in violation of Va. Code Ann. § 46.1-193.
Speeding Chesterfield Virginia Lawyer Calibration Evidence
Issue:
- Whether the defendant was prejudiced as the summons incorrectly identified the subsection of the statute under which defendant was charged?
Discussion:
Defendant was convicted of speeding, despite evidence that his speedometer was incorrectly calibrated. On appeal, the court affirmed. The court held that although the summons incorrectly identified the subsection of the statute under which defendant was charged, defendant was not prejudiced because the summons gave him notice of the speeding offense. The court further held that Va. Code Ann. § 46.1-193.1 did not require the trial court to instruct the jury that if defendant’s speedometer was improperly calibrated, then the jury must find defendant not guilty, nor did it make knowledge or intent an element of the speeding charge. The trial court correctly instructed the jury that a police officer’s radar check established a prima facie case of speeding, and that the jury should consider whether defendant’s calibration evidence established his innocence. Finally, the court held that the trial court correctly advised the jury to disregard defendant’s reference to court costs in its closing arguments, because court costs were irrelevant to the offense. The court affirmed the trial court’s conviction of defendant for speeding.
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 Lawyer Unauthorized Use
Suspended License Rockingham Virginia Lawyer Unauthorized Use
Francis v. Commonwealth
Facts:
Following a jury trial in the Circuit Court of Rockingham County (Virginia), defendant was convicted of a third or subsequent offense of driving on a suspended or revoked license and unauthorized use of a motor vehicle and sentenced to five years for unauthorized use and 12 months for driving while suspended. Defendant appealed.
Suspended License Rockingham Virginia Lawyer
Issue:
- Whether the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of defendant’s driving transcript from the Department of Motor Vehicles?
Discussion:
Defendant argued that the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of his driving transcript from the Department of Motor Vehicles (Virginia). Defendant objected that the transcript was irrelevant and prejudicial as it contained information unrelated to his prior convictions of driving on a suspended license. The appellate court held that, even assuming the trial court erred in admitting the unredacted transcript, such error did not compel reversal because the evidence overwhelmingly proved defendant guilty of a third or subsequent offense of driving on a suspended license. Defendant testified that his license was suspended when he drove and that he had previously been convicted twice of driving on a suspended license. In addition the Commonwealth introduced two conviction orders indicating defendant’s prior convictions for driving on a suspended license. 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.
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