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.
Suspended License Virginia Search Summons Custodial Arrest Lawyers Lee County
Suspended License Virginia Search Summons Custodial Arrest Lawyers Lee County
Commonwealth v. Rock
Facts:
Defendant moved to suppress evidence obtained during a search of his vehicle.
Suspended License Virginia Search Summons Custodial Arrest Lawyers
Issues:
- Whether the officer’s action of effecting a custodial arrest rather than merely issuing a summons was in violation of Va. Code § 19.2-74(A)(1)?
- Whether the search conducted pursuant to the arrest violated the Fourth Amendment?
Discussion:
After an officer stopped defendant for speeding, the officer discovered that defendant’s driver’s license was suspended due to two prior convictions of driving while suspended. The officer arrested defendant, and searched the car. The court found that the initial alleged offense, a third driving with a suspended license violation, was a class 1 misdemeanor and was punishable by a minimum, mandatory jail term of ten days without suspension. The provisions of Va. Code Ann. § 19.2-74(A)(1) therefore governed the case. The totality of the circumstances showed that defendant had repeatedly refused to cease his unlawful activity despite numerous past prohibitions and supported an objectively reasonable belief that he would be likely to disregard a summons by continuing to drive or failing to appear in court. This conclusion was bolstered by the fact that, unlike the previous driving-on-suspended convictions, he would be required to serve jail time in this instance. Accordingly, the officer appropriately exercised his statutory discretion, the arrest was not illegal, and the subsequent search of the passenger compartment of the vehicle was constitutional. The motion to suppress was denied
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 Virginia Driver License Suspended Attorneys Louisa County
Reckless Driving Virginia Driver License Suspended Attorneys Louisa County
ANTONY MILL V. COMMONWEALTH
Facts:
Defendant was given a traffic citation for reckless driving, and had a valid driver’s license in his possession. The state trooper later determined that defendant’s license had been suspended at the time of the citation. The trooper obtained a warrant charging defendant with driving with a suspended license. At trial, defendant testified that he had not received notice that his license had been suspended, and the charge was dismissed. Defendant was later indicted for perjury, and the evidence adduced at trial showed that a Department of Motor Vehicles (DMV) employee had personally advised defendant that his license had been suspended and the evidence further showed that a copy of the suspension order had been mailed to and received by defendant. Defendant was convicted and sought review. The court affirmed. Defendant argued that his statement was not false because the notice letter was so vague that it did not advise him that his license was suspended. Defendant sought review of the judgment of the Circuit Court of Louisa County (Virginia), which convicted defendant of perjury in contravention of Va. Code § 18.2-434 in connection with his testimony at trial on a charge of driving a motor vehicle on a public highway after his privilege to drive had been suspended. Defendant testified at that trial that he had not received notice that his driving license had been suspended.
Reckless Driving Virginia Driver License Suspended Attorneys
Issue:
- Whether the language of the order, reasonably interpreted, accomplishes a suspension of defendant’s driver’s license?
- Whether the language of the document was confusing, contradictory and vague?
Discussion:
The court found that the letter was a DMV form letter in which inapplicable terms had not been crossed out, but held that when viewed in its entirety, the letter was sufficient to notify defendant that his license was suspended. The court affirmed defendant’s conviction for perjury over his objection that he did not falsely state that he did not know his driver’s license was suspended because the DMV notice letter was so vague that it did not advise him of the suspension.
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 Traffic Violation Unlawful Driving Lawyers Louisa County
Suspended License Virginia Traffic Violation Unlawful Driving Lawyers Louisa County
JOHN V COMMONWEALTH OF VIRGINIA
Facts:
Defendant “involved in a traffic violation” in Louisa County and issued him a summons for reckless driving. At the time, defendant had a valid operator’s license in his possession. The trooper later determined that defendant’s privileges to operate a motor vehicle had been suspended by an order of the Virginia Division of Motor Vehicles (DMV) issued on October 19, 1977. The trooper then obtained a warrant charging defendant with unlawfully operating “a motor vehicle on [a] public highway after his privilege to drive had been suspended.” Defendant sought review of the judgment of the Circuit Court of Louisa County (Virginia), which convicted defendant of perjury in contravention of Va. Code § 18.2-434 in connection with his testimony at trial on a charge of driving a motor vehicle on a public highway after his privilege to drive had been suspended. Defendant testified at that trial that he had not received notice that his driving license had been suspended. Defendant was given a traffic citation for reckless driving, and had a valid driver’s license in his possession. The state trooper later determined that defendant’s license had been suspended at the time of the citation. The trooper obtained a warrant charging defendant with driving with a suspended license.
Suspended License Virginia Traffic Violation Unlawful Driving Lawyers
Issues:
- Whether the language of the order accomplishes a suspension of defendant’s driver’s license?
Discussion:
At trial, defendant testified that he had not received notice that his license had been suspended, and the charge was dismissed. Defendant was later indicted for perjury, and the evidence adduced at trial showed that a Department of Motor Vehicles (DMV) employee had personally advised defendant that his license had been suspended, and the evidence further showed that a copy of the suspension order had been mailed to and received by defendant. Defendant was convicted and sought review. The court affirmed. Defendant argued that his statement was not false because the notice letter was so vague that it did not advise him that his license was suspended. The court found that the letter was a DMV form letter in which inapplicable terms had not been crossed out, but held that when viewed in its entirety, the letter was sufficient to notify defendant that his license was suspended. The court affirmed defendant’s conviction for perjury over his objection that he did not falsely state that he did not know his driver’s license was suspended because the DMV notice letter was so vague that it did not advise him of the suspension.
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 Ticket Virginia Driving Suspended License Attorneys Richmond City
Traffic Ticket Virginia Driving Suspended License Attorneys Richmond City
GARRY v. COMMONWEALTH OF VIRGINIA
Fact:
On August 20, 1998, Officer observed Garry traveling in a car at a high rate of speed. Officer initiated a traffic stop and discovered Burney’s license had been suspended. He placed Garry under arrest for reckless driving and driving with a suspended license and conducted a search of his person incident to arrest. The Officer searched Garry for illegal contraband, escape devices, and weapons. During the search, he pulled Burney’s waistband out in the front and immediately saw two plastic bags in front of Burney’s genital area. One bag contained crack cocaine and the other bag contained heroin. After defendant’s motion to suppress the evidence obtained during a search of his person was denied, defendant entered conditional guilty pleas for possession of heroin with the intent to distribute, possession of cocaine with the intent to distribute, and failure to appear in court. The Circuit Court of Richmond (Virginia) accepted the pleas and convicted him. Defendant appealed.
Traffic Ticket Virginia Driving Suspended License Attorneys
Issues:
- Whether the trial court erred in denying his motion and admitting the Commonwealth’s evidence?
- Whether the police conducted a “strip search and the search violated Code § 19.2-59.1?
- Whether the evidence was obtained as a result of an illegal search?
Discussion:
The court held that the offenses did not constitute traffic infractions. Consequently, the definition of a strip search in Va. Code Ann. § 19.2-59.1 did not apply to the case. The officer pulled back the waistband of defendant’s underwear and looked inside, immediately spotting two bags containing suspected narcotics. Contrary to defendant’s contention, the evidence did not indicate that the officer could see defendant’s genitals when the officer pulled back his underwear. The officer did not touch defendant’s genitals. Thus, defendant was not subjected to a “strip search,” and the trial court did not err by denying his motion to suppress the evidence obtained during the search incident to his arrest.
Hence this court affirmed the Judgment of the trial court.
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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