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 Ordinance Prior Conviction Lawyers Henrico County
Suspended License Virginia Ordinance Prior Conviction Lawyers Henrico County
Francis v. Commonwealth
Facts:
Defendant challenged a decision from the Circuit Court of Henrico County (Virginia), which adjudicated him an habitual offender based upon a prior conviction under an ordinance that was declared invalid.
Suspended License Virginia Ordinance Prior Conviction Lawyers
Issue:
- Whether the trial court erred in basing defendant’s determination on the ordinance?
Discussion:
The Commonwealth presented five prior convictions to support its contention that defendant was an habitual offender. Defendant contended that two of the convictions were based upon driving under a suspended driver’s license under former Va. Code Ann. § 46.1-350, which was no longer recognized by Va. Code Ann. § 46.2-301 as a predicate offense for habitual offender status. He also contended that a conviction for driving under the influence of alcohol was under the ordinance, which had been declared invalid. The trial court adjudicated defendant an habitual offender, finding that the two convictions for driving under suspension could not be considered but that the offense for driving under the influence could be. Defendant appealed and the court affirmed, finding that the trial court was correct but for the wrong reasons. The driving under suspension violation was properly presented for habitual offender status while the driving under the influence conviction was not. Va. Sup. Ct. R. 5A:18 did not require the Commonwealth to raise the issue concerning the incorrect ruling before the trial court because it was not seeking a reversal of that ruling. The court affirmed the adjudication of defendant as an 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.
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.
Suspended License Virginia DUI Habitual Offender Lawyers Loudoun County
Suspended License Virginia DUI Habitual Offender Lawyers Loudoun County
Harry v. Commonwealth
Facts:
Defendant sought review of a judgment from the Circuit Court of Loudoun 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 Habitual Offender 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 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. 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
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