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.
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.
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.
Suspended License Fairfax Virginia Habitual Offender Lawyer
Suspended License Fairfax Virginia Habitual Offender Lawyer
Jack v. Commonwealth
Facts:
Appellant was tried by jury in the Circuit Court of Fairfax County (Virginia) and convicted of driving after having been declared an habitual offender in violation of Va. Code Ann. § 46.2-357(B)(1) and driving on a suspended license, second or subsequent offense, in violation of Va. Code Ann. § 46.2-301. Appellant challenged the convictions.
Suspended License Fairfax Virginia Habitual Offender Lawyer
Issue:
- Whether the trial court erred in denying defendant’s motion to strike the driving on a suspended license charge?
Discussion:
Appellant first contended that the trial court erred in denying his motion to strike the driving on a suspended license charge. He could not, he claimed, properly be convicted of driving on a suspended license because, having been declared an habitual offender, his previously suspended operator’s license had been revoked and, thus, was not extant at the time the charged offenses occurred. The appellate court agreed with the Commonwealth that this claim was procedurally barred as appellant failed to raise the defense on the trial level. Appellant also contended that the trial court erred in refusing to instruct the jury on a defense of others defense. The record did not support appellant’s argument. The defense of others defense applied when a person justifiably used force to defend another person. Here, there was no evidence in the record that appellant used force to protect or defend others. Nor did any of the offenses he was charged with relate to his using force. Appellant merely drove another from the scene of the confrontation. The judgment 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.
Suspended License Fairfax County Virginia Habitual Offender Lawyers
Suspended License Fairfax County Virginia Habitual Offender Lawyers
Peter John v. Commonwealth of Virginia
Fact:
Defendant was convicted of being a habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act.
Suspended License Fairfax County Virginia Habitual Offender Lawyers
Issue:
- Whether the two 1968 convictions, having resulted from offenses occurring at the same time, arose “out of separate acts” within the meaning of Code § 46.1-387.2 and count as second and third convictions of the defendant, thereby constituting him a habitual offender?
Discussion:
The defendant’s 1968 conviction of driving under the influence was not barred, under Code § 19.1-259, by his contemporaneous conviction of driving on a suspended license, or vice versa. This is so because the defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license, and he could have been convicted of driving on a suspended license without evidence of his intoxication. Since it was not the “same act” that gave rise to violation of the two statutes under which the defendant was convicted in 1968, it follows that the two convictions arose” out of separate acts” — one out of the act of driving under the influence and the other out of the act of driving on a suspended license. Therefore, the convictions must be counted individually as second and third convictions, thereby constituting the defendant a habitual offender.
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 DUI Lawyers Northampton County
Suspended License Virginia DUI Lawyers Northampton County
Mathew v. Commonwealth
Facts:
Defendant sought review of a judgment from the Circuit Court of Northampton County (Virginia), which convicted him of being an habitual offender under the Virginia Habitual Offender Act, Va. Code Ann. §§ 46.1-387.1 to 46.1-387.12, based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license.
Suspended License Virginia DUI Lawyers
Issue:
- Whether the Defendant’s convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act?
Discussion:
Defendant was convicted of being an habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act. The court affirmed the judgment, holding that because defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license and he could have been convicted of driving on a suspended license without evidence of his intoxication, the act of driving an automobile on one occasion could give rise to several acts and offenses under the Act. The court further held that it was not the same act that gave rise to each violation of the two statutes under which defendant was convicted. 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 Habitual Offender Lawyers Stafford County
Suspended License Virginia Habitual Offender Lawyers Stafford County
White v. Commonwealth
Facts:
Appellant first contended that the trial court erred in denying his motion to strike the driving on a suspended license charge. He could not, he claimed, properly be convicted of driving on a suspended license because, having been declared an habitual offender, his previously suspended operator’s license had been revoked and, thus, was not extant at the time the charged offenses occurred. Appellant was tried by jury in the Circuit Court of Stafford County (Virginia) and convicted of driving after having been declared an habitual offender in violation of Va. Code Ann. § 46.2-357(B)(1) and driving on a suspended license, second or subsequent offense, in violation of Va. Code Ann. § 46.2-301. Appellant challenged the convictions.
Suspended License Virginia Habitual Offender Lawyers
Issue:
- Whether the trial court erred in denying defendant motion to strike the driving on a suspended license charge?
Discussion:
The appellate court agreed with the Commonwealth that this claim was procedurally barred as appellant failed to raise the defense on the trial level. Appellant also contended that the trial court erred in refusing to instruct the jury on a defense of others defense. The record did not support appellant’s argument. The defense of others defense applied when a person justifiably used force to defend another person. Here, there was no evidence in the record that appellant used force to protect or defend others. Nor did any of the offenses he was charged with relate to his using force. Appellant merely drove another from the scene of the confrontation. The judgment 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.
Suspended License Virginia Habitual Offender Lawyers Frederick County
Suspended License Virginia Habitual Offender Lawyers Frederick County
Commonwealth v. Brown
Facts:
Defendant filed a motion to dismiss the rule to show cause.
Suspended License Virginia Habitual Offender Lawyers Frederick County
Issue:
- Whether the Defendant’s motion to dismiss the show cause has to be granted?
Discussion:
Defendant was convicted of driving on a suspended license, in violation of Va., Code § 82-3-24. Following other convictions, defendant was tried at a habitual offender proceeding. In his brief in support of his motion to dismiss the rule to show cause, defendant attacked two of the alleged predicate offenses. The commonwealth asserted that defendant’s first conviction under the County Code was a valid conviction and, therefore, three predicate offenses existed. The court dismissed the rule to show cause. The court held that the first conviction was for driving on a suspended license, in violation of the county code. The state code for first offenders required a jail sentence, which could not be suspended, while the county code provision contained no such requirement. Due to the fact that the penalty provision under the first offender section of the county ordinance was not uniform with the corresponding state provision, the first offender section of the county ordinance was invalid. Therefore, the county violation conviction could not serve a predicate offense. The court granted defendant’s motion to dismiss the rule to show cause.
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 Virginia Suspended License Habitual Offender Lawyers Bath County
DUI Virginia Suspended License Habitual Offender Lawyers Bath County
Hardy v. Commonwealth
Facts:
Defendant sought review of a judgment from the Circuit Court of Bath County (Virginia), which convicted him of being an habitual offender under the Virginia Habitual Offender Act, Va. Code Ann. §§ 46.1-387.1 to 46.1-387.12, based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license.
DUI Virginia Suspended License Habitual Offender Lawyers
Issue:
Whether the two subsequent convictions, having resulted from offenses occurring at the same time, arose “out of separate acts” within the meaning of Code § 46.1-387.2 and thereby constitute defendant an habitual offender?
Discussion:
Defendant was convicted of being an habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act. The court affirmed the judgment, holding that because defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license and he could have been convicted of driving on a suspended license without evidence of his intoxication, the act of driving an automobile on one occasion could give rise to several acts and offenses under the Act. The court further held that it was not the same act that gave rise to each violation of the two statutes under which defendant was convicted. 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.
8:00 AM – 12:00 AM Midnight
Former State Trooper
