Virginia Fairfax Traffic Lawyer Public Highway Suspended Driving
Virginia Fairfax Traffic Lawyer Public Highway Suspended Driving
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Mason v. Commonwealth
Facts:
Defendant sought review of the judgment of the Circuit Court of Fairfax (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.
If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Virginia Fairfax Traffic Lawyer Public Highway Suspended Driving
Holdings:
The Virginia Court made the following holding:
- Va. Code § 18.2-434 provides in part: If any person to whom an oath is lawfully administered on any occasion willfully swear falsely on such occasion touching any material matter or thing, he shall be guilty of perjury.
- In a prosecution under Va. Code § 18.2-434, the Commonwealth of Virginia must prove beyond a reasonable doubt, inter alia, that defendant willfully swore falsely. If the defendant believes the facts stated by him to be true, he may not properly be said to have willfully sworn falsely to such facts.
- If the untrue representation does not touch any material matter or thing in the trial, Va. Code § 18.2-434, the mere falsity of the statement alone will not sustain a perjury conviction. The testimony must have been relevant in the trial of the case, either to the main issue or some collateral issue.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
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, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
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 Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Smith v. Commonwealth
Facts:
The Circuit Court of Fairfax (Virginia) convicted defendant of involuntary manslaughter, speeding and reckless driving. Defendant appealed his conviction for involuntary manslaughter.
If you are facing a traffic case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Virginia Fairfax Reckless Driving Lawyer Speeding Traffic Motor Vehicle
Holdings:
The Virginia Court made the following holding:
- In reviewing the sufficiency of the evidence, the judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict. The trial court’s judgment will not be set aside unless plainly wrong or without evidence to support it. The credibility of a witness and the inferences to be drawn from proven facts are matters solely for the fact finder’s determination. The appellate court does not substitute its judgment for that of the trier of fact. The only relevant inquiry is whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
- Involuntary manslaughter in the operation of a motor vehicle is an accidental killing which, although unintended, is the proximate result of negligence so gross, wanton, and culpable as to show a reckless disregard of human life. A violation of the statutes defining reckless driving and prescribing motor vehicle traffic regulations is insufficient to constitute manslaughter unless it is so flagrant, culpable, and wanton as to show utter disregard of the safety of others under circumstances likely to cause injury. What distinguishes a speeding violation from the misdemeanor of reckless driving, and the misdemeanor from the felony of involuntary manslaughter, is the likelihood of injury to other users of the highways. And the degree of the hazard posed by a speeding automobile depends upon the circumstances in each case.
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, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
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 Fairfax Virginia Lawyer Expunge Improper
Reckless Driving Fairfax Virginia Lawyer Expunge Improper
White v. Commonwealth
Facts:
Petitioner moved the court to expunge police and court records relating to a sale and/or distribution of marijuana charge as well as a reckless driving charge.
Reckless Driving Fairfax Virginia Lawyer
Issue:
- Whether the defendant’s motion to expunge ahs to be granted?
Discussion:
Petitioner moved the court to expunge police and court records relating to a sale and/or distribution of marijuana charge as well as a reckless driving charge. The circuit court granted the motion. Petitioner was charged with the sale and/or distribution of marijuana in 2001 and that charge was subsequently nolle prosequi. The parties agreed that petitioner was entitled to expungement of records relating to the marijuana charge pursuant to Va. Code Ann. § 19.2-392.2(A) (2011). Further, the continued existence and possible dissemination of information relating to that charge might cause a manifest injustice to petitioner. Accordingly, the motion to expunge all police and court records relating to that charge was granted. With regard to the reckless driving charge, he did not plead guilty to reckless driving, nor did the trial court make a finding of guilt as to the reckless driving charge. He was never found guilty of the charge he sought to have expunged. When he pled guilty to improper driving, he pled to an offense separate and distinct from reckless driving. Thus, expungement was proper. Petitioner’s motion to expunge was granted.
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 Fairfax Virginia Lawyer Traffic Stop Drunk Drive
Reckless Driving Fairfax Virginia Lawyer Traffic Stop Drunk Drive
Roothan v. Commonwealth
Facts:
While defendant sat in the driver’s seat of a vehicle stopped at a tollbooth, a police officer approached the vehicle, smelled alcohol, and arrested defendant. After defendant, a habitual offender, was convicted of driving under the influence of alcohol, the trial court imposed a felony sentence under Va. Code Ann. § 46.2-357(B)(2) because defendant’s drunken driving had allegedly endangered the vehicle’s passengers. Accordingly, defendant sought review, claiming nobody had been endangered and as such, the trial court should have imposed a misdemeanor sentence, pursuant to Va. Code Ann. § 46.2-357(B)(1). Defendant sought review of a judgment from the Circuit Court of Fairfax County (Virginia)
Reckless Driving Fairfax Virginia Lawyer
Issue:
- Whether the trial court properly convicted the defendant for drunken driving?
Discussion:
The court held that even though defendant had been negligent in operating the vehicle, defendant’s intoxication had not been such that it had elevated defendant’s conduct to the level of reckless driving. Thus, the court held the evidence had failed to prove that defendant’s drunken driving had endangered others, as required by Va. Code Ann. § 46.2-357(B)(2). In reversing a judgment which sentenced defendant as a felon after convicting defendant, a habitual offender, of driving under the influence of alcohol, the court held that because defendant’s drunken driving had not been reckless, the evidence had not supported the trial court’s finding of endangerment and its imposition of a felony sentence
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 Fairfax Virginia Lawyer Driving Endanger Life
Reckless Driving Fairfax Virginia Lawyer Driving Endanger Life
Williams v. Commonwealth
Facts:
The Circuit Court of Amherst County, Virginia, convicted defendant of reckless driving. Defendant contended that the evidence was not sufficient to prove his driving endangered the life, limb or property of any person, in violation of Va. Code Ann. § 46.2-852 and appealed.
Reckless Driving Fairfax Virginia Lawyer
ISSUES:
The issue here is whether the Defendant has preserved his right to appeal on the issue of insufficiency of evidence.
DISCUSSION:
Where an issue of sufficiency of evidence is presented to a trial court, sitting without a jury, in a motion to strike at the conclusion of the Commonwealth’s evidence and, upon its denial and upon conclusion of the defendant’s evidence, the same issue is presented in the defendant’s final argument to the court, the defendant has preserved his right to appeal this issue, even though he did not make a motion to strike at the conclusion of his own evidence. On appeal, a ruling of a trial court will not be reversed unless an objection is stated “together with the grounds therefor at the time of the ruling, except for good cause shown or to enable the Court of Appeals to attain the ends of justice. If appellant’s closing argument alerts the trial court to the grounds on which he bases his argument, Rule 5A:18 is satisfied. The phrase, “credibility of the witnesses,” does not preserve the issue presented. Taken in the context of his closing argument, appellant appeared to address the credibility of the witnesses on the issue of whether Flood Road was a “highway,” not their credibility on other elements of the crime. Appellant did not alert the trial court that he was arguing the Commonwealth failed to prove the elements of the offense of reckless driving. The trial court was not adequately advised of appellant’s position. As appellant did not raise the issue of recklessness, the trial court could not consider his specific argument nor could the trial court take corrective action. Sufficiency issue raised by appellant on appeal is procedurally defaulted under Rule 5A:18.
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.
Virginia Fairfax Traffic Ticket Driving Suspended License Lawyers Attorneys
At a traffic stop at the post office in Fairfax, Virginia, a driver was cited for driving on a suspended license at 10:34 p.m.
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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