Traffic Virginia Drugs Suppress Motion Lawyers Stafford County
Traffic Virginia Drugs Suppress Motion Lawyers Stafford County
Commonwealth v. Darwin
Facts:
Defendant was convicted of possessing cocaine with the intent to distribute in the Stafford County Circuit Court, Virginia. This appeal followed wherein he argued that the court erred in denying his motion to suppress.
Traffic Virginia Drugs Suppress Motion Lawyers
Issue:
- Whether the trial court erred in denying Defendant’s motion to suppress?
Discussion:
Defendant was pulled over for failing to signal turn. It was later determined that he did not have a driver’s license. In the process of writing defendant a summons, the officer noticed a bulge in his defendant’s shoe and looked under the flap to find a bag of cocaine. The trial court denied defendant’s motion to suppress. On appeal, this was reversible error. The offenses allegedly committed were traffic offenses for which a citation, rather than a warrant would issue. The officer had no reason to believe defendant would not appear in court, nor did he believe appellant was a threat to himself or others. Further, defendant had not refused to discontinue his unlawful acts. The bulge in the shoe did not raise any officer safety concerns, nor did the officer believe the bulge would provide evidence in reference to the initial offenses. Here, the officer conducted a search incident to citation, which in the absence of one of the two historical rationales was unreasonable under the Fourth Amendment. The judgment of the circuit court was reversed and the case 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.
Traffic Virginia Fake Registration Violation Lawyers Halifax County
Traffic Virginia Fake Registration Violation Lawyers Halifax County
HARRISON V. COMMONWEALTH
Facts:
Defendant appealed from his conviction, after jury trial in the Circuit Court for Halifax County (Virginia), for violating Va. Code Ann. § 46.2-605, that prohibited the holding or use of a registration card known to be altered or forged. He argued the jury should have been instructed that Va. Code Ann. § 46.2-613, which defined a traffic violation for possessing a registration card known to be fake or altered, was a lesser included offense.
Traffic Virginia Fake Registration Violation Lawyers
Issue:
- Whether the trial court erred in refusing an instruction permitting the jury to find him guilty of a traffic infraction under Code § 46.2-613(2) either as a lesser-included offense, or as a “substantially charged” lesser offense pursuant to Rule 3A:17?
Discussion:
The evidence showed that defendant was driving a tractor trailer when he was stopped by a trooper, who asked him to produce a registration card. Defendant produced a card that had been altered and told the trooper that he had changed the card. Defendant argued that he was entitled to a charge under § 46.2-613 because that statute defined a lesser included offense of the felony under § 46.2-605, with which he was charged. On appeal, the court noted that § 46.2-613 made it a traffic violation for the “display” of an altered registration card and that § 46.2-605 made it a felony for the “use” of an altered or falsified registration card. The court determined that the terms “use” and “display” were not synonymous and that neither definition was necessarily included in the definition of the other. Thus, the court concluded, § 46.2-613 was not a lesser included offense of § 46.2-605 because proof of either offense did not necessarily prove the other and neither was included within the other. The court affirmed defendant’s 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.
Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers Essex County
Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers Essex County
JANE V. COMMONWEALTH
Facts:
Defendant appealed a judgment by the Circuit Court of Essex County (Virginia) that granted the Commonwealth’s motion to nolle prosequi a misdemeanor charge of reckless driving to which she had pleaded guilty.
Traffic Virginia Reckless Driving DUI Jurisdiction Lawyers
Issue:
- Whether the trial court erred in not accepting her guilty plea to the reckless driving charge?
Discussion:
Defendant was charged with, inter alia, felony driving under the influence (DUI) and misdemeanor reckless driving that arose from the same incident. Defendant pleaded “not guilty” to the DUI charge and “guilty” to the reckless driving charge. The Commonwealth asked the trial court not to accept the guilty plea to the reckless driving charge and to set both charges for trial. Thereafter, the Commonwealth successfully moved to nolle prosequi the reckless driving charge. The appellate court held that defendant had not been convicted of reckless driving. The trial court’s ruling in the interlocutory order was but an antecedent incident to the trial of the indictments, and was in no sense the pronouncement of a final judgment. Consequently, the appeal was premature and the appellate court lacked jurisdiction under Va. Code Ann. § 17.1-406(A)(i) to entertain it. The appeal 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.
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Mc. RENOLD v. COMMONWEALTH OF VIRGINIA
Facts:
A police officer observed a pickup truck with an inoperative brake light. He stopped the vehicle and intending to issue Ellis a summons for inoperative brake light. The officer recalled that Ellis and her passenger had a “previous narcotics history.” This conversation took about a minute. On his way back to his vehicle, the officer called for a canine narcotics unit to assist him. He then got back into his vehicle to issue the summons for the equipment violation. The canine narcotics unit arrived and searched Ellis and discovered cocaine. Ellis was convicted by the Circuit Court of the City of Virginia Beach of possession of cocaine.
Traffic Stop Virginia Drugs Cocaine Lawyers
Issue:
- Whether the trial court erred in fails to suppress the evidence of cocaine found on her person during a traffic stop?
Discussion:
The court held that “the officer’s one-minute conversation about drugs cannot be characterized as an exploitive, unconstitutional act. Where a seizure of a person is based on probable cause to believe that a traffic violation was committed, an officer does not violate the Fourth Amendment by asking a few questions about matters unrelated to the traffic violation, even if this conversation briefly extends the length of the detention. Ellis consented to a search while being detained by an officer having probable cause to issue her a citation for a malfunctioning brake light. The drug dog’s multiple alerts and Ellis’s subsequent consent took place before the officer completed the paperwork necessary for issuing a summons for the equipment violation. The brief, incremental delay caused by the officer’s questions regarding drugs did not violate the Fourth Amendment and, a fortiori, did not constitute an exploitive basis for securing Ellis’s consent.” This court finds that no error in trial court reasoning or result, affirmed the trial court 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.
Traffic Stop Virginia Drug Transaction Lawyers Carroll County
Traffic Stop Virginia Drug Transaction Lawyers Carroll County
HALLS V. COMMONWEALTH OF VIRGINIA
Facts:
Defendant filed a motion to suppress on the basis that the initial stop of his automobile violated his constitutional rights under U.S. Const. amend. IV. At a hearing for defendant’s motion to suppress, police officers testified that they observed a vehicle pull up to a group of six to eight men. One of the men left the group and walked toward the vehicle. The man bent down, reached into the vehicle, removed his hand and walked back to the group. Believing that they had observed a drug transaction, the officers pulled the automobile over shortly after it left the group. The Commonwealth argued that the stop of defendant’s vehicle was a permissible stop under Terry v. Ohio, because the officers were trained to identify potential drug transactions. The court found that neither officer saw anything exchanged between the occupants of the vehicle or the man who left the group to approach the vehicle. The officers did not hear any conversation between the men and did not observe any suspicious activity in the vehicle.
Traffic Stop Virginia Drug Transaction Lawyers
Issues:
- Whether the officer has sufficient specific objective facts to create a reasonable suspicion that the occupants of the vehicle may be involved in criminal activity?
Discussion:
The court determined that the facts did not create a reasonable suspicion that the occupants of the vehicle had engaged in criminal activity. Since the evidence was insufficient to justify stopping defendant’s vehicle, court concluded that defendant’s Fourth Amendment rights were violated. The court granted defendant’s motion to suppress.
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 Virginia Improper Registration DUI Conviction Lawyers Orange County
Traffic Virginia Improper Registration DUI Conviction Lawyers Orange County
Commonwealth of Virginia v. George
Facts:
Defendant George drive on a public highway in Orange County on January 10, 1988, a Virginia state trooper stopped him and charged him with reckless driving, driving under the influence of alcohol (DUI), having improper registration, and driving while his license was revoked or suspended (driving revoked). In District Court defendant was convicted of traffic offense of improper registration, DUI and driving revoked. The conviction for improper registration has become final, and the DUI and driving revoked convictions have been appealed. Defendant moves to dismiss the DUI and driving revoked charges.
Traffic Virginia Improper Registration DUI Conviction Lawyers
Issue:
- Whether the charges under Va. Code § 19.2-294 bars the prosecution of DUI and driving revoked charges?
Discussion:
The court observed that “It is conceivable for a person under the influence of intoxicants to drive properly. Many people not under the influence of intoxicants drive recklessly. A test of the identity of acts or offenses is whether the same evidence is required to sustain them; if not, then the fact that several charges relate to and grow out of one transaction or occurrence does not make a single act or offense where two separate acts or offenses are defined by statute, as in the instant case. The General Assembly changed the rule of Hundley not by amending § 19.2-294 but by adding Section 19.2-294.1 and limiting it to DUI and reckless driving cases. Section 19.2-294.1 is, by its terms, narrow in scope. The court does not find that the General Assembly intends for a single driving incident to give rise to only a single traffic conviction, regardless of how many statutes are violated, unless the statutes violated are those proscribing DUI and reckless driving. The motion to dismiss the DUI and driving revoked charges against George will be overruled.
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 Virginia Field Sobriety Test Jury Instruction Lawyers Arlington County
Traffic Virginia Field Sobriety Test Jury Instruction Lawyers Arlington County
Max v. Commonwealth of Virginia
Facts:
In the early morning hours of October 29, 2006, officer of the Arlington County Police Department found appellant, unconscious, reclined in the driver’s seat of a car with its engine running in a school parking lot. Officer determined that appellant had slurred speech, was unsteady on his feet, and had bloodshot eyes. He asked appellant to take field sobriety tests, and appellant agreed to do so. However, appellant refused to attempt it, stating he thought officer wanted to make fun of him. Appellant also refused to attempt the heel-to-toe test and the alphabet test and told officer he had no education and therefore could not perform the alphabet test. Appellant spoke in a soft voice but was belligerent, and repeatedly threatened officer, stating he “prayed that officer’s wife and kids would die within three days.” After talking with appellant for approximately 15 minutes, officer arrested him for traffic offense of DUI. After the trial court denied appellant’s motion to strike the Commonwealth’s evidence, the jury found appellant guilty of DUI.
Traffic Virginia Field Sobriety Test Jury Instruction Lawyers
Issues:
- Whether the trial court erred in not granting his proffered jury instruction defining operating a motor vehicle?
- Whether the jury erred in finding that the evidence sufficient to convict appellant of DUI in violation of Code § 18.2-266?
- Whether the trial court erred at the sentencing phase of his bifurcated jury trial by admitting DMV record into evidence?
Discussion:
1) Whether the trial court erred in not granting his proffered jury instruction defining operating a motor vehicle?
The instruction granted by the trial court fully and fairly covered the principles of law relevant to the question of whether appellant operated the car in which he was found, intoxicated and while the engine was running. We conclude the trial court did not err in refusing to grant appellant’s proffered jury instruction.
2) Whether the jury erred in finding that the evidence sufficient to convict appellant of DUI in violation of Code § 18.2-266?
The evidence at trial proved appellant was in his car and was intoxicated, that the key was in the ignition switch of his car, turned to the on position, and the car’s engine was running. From this evidence, the jury could reasonably conclude appellant was in actual physical control of the car, and was “operating” it within the meaning of Code § 18.2-266. Accordingly, we find the jury did not err in finding the evidence sufficient to convict appellant of DUI in violation of Code § 18.2-266.
3) Whether the trial court erred at the sentencing phase of his bifurcated jury trial by admitting DMV record into evidence?
The court held that “The term “prior traffic record,” within the meaning of Code § 46.2-943, is defined as “the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in Code § 46.2-943. A DMV record is admissible evidence of a defendant’s prior traffic record. Accordingly, when the jury found appellant guilty of DUI, Code § 46.2-943 authorized the admission of his DMV record into evidence during the sentencing phase as evidence of his prior traffic record. The Code § 19.2-295.1 notice requirements do not apply to the admission of a defendant’s prior traffic record into evidence pursuant to Code § 46.2-943. Accordingly, we conclude the trial court did not err by admitting appellant’s DMV record into evidence.”
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 Accident Virginia Strong Odor Blood Alcohol Lawyers Russell County
Traffic Accident Virginia Strong Odor Blood Alcohol Lawyers Russell County
TERRY JOE LYLE v. COMMONWEALTH OF VIRGINIA
Facts:
On March 24, 2004 at 7:53 a.m., the Virginia State Police received a telephone call from a citizen reporting a traffic accident on Castlewood Run Road in Russell County. State Trooper J.D. Anderson found a car suspended across a creek adjacent to the highway. The engine was running, and the car was still in gear with the driver’s side door open. There was no one in the car or in the vicinity. Trooper Anderson drove approximately three hundred feet down the road and saw Lyle standing in the middle of the road. When he approached Lyle, Trooper Anderson noticed a strong odor of alcohol coming from Lyle. He also testified that Lyle’s speech was extremely slurred. Trooper Anderson initially asked Lyle to perform some field sobriety tests, but stopped after concluding that Lyle was so unsteady that it would be unsafe for him to attempt to perform any of the tests. At trial, Lyle objected to the introduction of the blood test results arguing that he had not been arrested prior to his blood being drawn at the hospital. More than three hours after the accident, the officer served defendant with a uniform traffic summons for driving under the influence. The trial court overruled the objection and permitted introduction of the blood test results, which showed Lyle’s blood alcohol content was 0.23% by weight by volume. The jury found defendant guilty of driving under the influence as a fourth or subsequent offense, in violation of Va. Code Ann. § 18.2-266. Defendant appealed.
Traffic Accident Virginia Strong Odor Blood Alcohol Lawyers
Issue:
- Whether the trial court error in admitting into evidence the results of the analysis?
Discussion:
There was overwhelming evidence introduced at trial showing that Lyle was under the influence of alcohol. When Trooper Anderson stopped Lyle, Anderson detected a strong odor of alcohol emanating from Lyle. On cross-examination, Trooper Anderson described Lyle as “extremely drunk” and Lyle’s speech as “extremely slurred” and “difficult to understand.” Based on this record, we conclude the verdict would have been the same in the absence of the blood test results. Even if admission into evidence of the blood test results was error because defendant was not arrested within three hours of driving under the influence, the error was harmless; it held that other evidence of defendant’s intoxication was so compelling that any error in admitting the blood test results did not affect the outcome.
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 Stafford County Traffic Ticket Stop Found Cocaine Arrested Lawyers Attorneys
Police arrested Timmy Maurice Sauter, 49, of 12 Castle Court in Stafford after they said they found the cocaine and drug paraphernalia during traffic stop.
One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.
First, you sit by the side of the road, waiting to get your traffic ticket in Virginia while you are rushing to get to work or get to school to drop off your kids, etc.
Then, you get the Virginia traffic ticket and possibly get yelled at by the Virginia police officer.
Once you do get the Virginia traffic ticket, you realize how many points you’re going to get on your Virginia driving record and the fact that your insurance premium is possibly going to skyrocket.
If you have been one of the unfortunate people to get traffic ticket in Virginia, don’t panic.
You have some options. You can consider going to traffic court in Virginia by yourself or you can retain an experienced Virginia traffic ticket lawyer to defend you.
Why should you consider hiring an experienced traffic ticket lawyer in Virginia?
Because an experienced Virginia traffic ticket attorney will know how the different judges in that courthouse deal with certain types of traffic ticket and what are different options you have if you decide it is best to plea bargain.
The SRIS Law Group Virginia traffic lawyers have defended many clients charged with a traffic ticket in Virginia.
Our Virginia traffic ticket attorneys regularly appear before the courts of a particular jurisdiction have a thorough understanding of how the different local courts operate.
We have offices in Fairfax, Manassas, Richmond, Virginia Beach, Lynchburg & Fredericksburg.
Virginia Stafford County Traffic Ticket Stop Found Cocaine Arrested Lawyers Attorneys
Police arrested Timmy Maurice Sauter, 49, of 12 Castle Court in Stafford after they said they found the cocaine and drug paraphernalia during traffic stop.
One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.
First, you sit by the side of the road, waiting to get your traffic ticket in Virginia while you are rushing to get to work or get to school to drop off your kids, etc.
Then, you get the Virginia traffic ticket and possibly get yelled at by the Virginia police officer.
Once you do get the Virginia traffic ticket, you realize how many points you’re going to get on your Virginia driving record and the fact that your insurance premium is possibly going to skyrocket.
If you have been one of the unfortunate people to get traffic ticket in Virginia, don’t panic.
You have some options. You can consider going to traffic court in Virginia by yourself or you can retain an experienced Virginia traffic ticket lawyer to defend you.
Why should you consider hiring an experienced traffic ticket lawyer in Virginia?
Because an experienced Virginia traffic ticket attorney will know how the different judges in that courthouse deal with certain types of traffic ticket and what are different options you have if you decide it is best to plea bargain.
The SRIS Law Group Virginia traffic lawyers have defended many clients charged with a traffic ticket in Virginia.
Our Virginia traffic ticket attorneys regularly appear before the courts of a particular jurisdiction have a thorough understanding of how the different local courts operate.
We have offices in Fairfax, Manassas, Richmond, Virginia Beach, Lynchburg & Fredericksburg.
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