Speeding Virginia Felonious Negligence Involuntary Manslaughter Lawyers Hopewell City
Speeding Virginia Felonious Negligence Involuntary Manslaughter Lawyers Hopewell City
Walter v. Commonwealth
Facts:
Defendant was charged with involuntary manslaughter in the operation of a motor vehicle after a fatality resulted from a two-car collision. Defendant challenged his conviction from the Circuit Court of the City of Hopewell (Virginia) for involuntary manslaughter in the operation of a motor vehicle.
Speeding Virginia Felonious Negligence Involuntary Manslaughter Lawyers
Issue:
- Whether the evidence was sufficient to support that the defendant was guilty of felonious negligence?
Discussions:
On appeal, the court affirmed. The court found held that the driver of the other vehicle did not violate the statutory requirement to yield the right-of-way when she turned left in front of defendant’s vehicle. The court reasoned that the approaching vehicles, of which defendant’s was one, were not so close to the driver of the other car as to constitute a hazard, and defendant’s car was in the left lane behind another car, and was temporarily concealed from the other driver’s view. The court also found that the evidence was sufficient to support the trial court’s finding that defendant was guilty of felonious negligence which was the proximate cause of the fatality. The court reasoned that defendant’s conduct in a residential subdivision constituted reckless driving so flagrant, culpable, and wanton as to show utter disregard of the safety of others under circumstances likely to cause injury.
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 Certificate Analysis Influence Alcohol Lawyers Alexandria City
DUI Virginia Certificate Analysis Influence Alcohol Lawyers Alexandria City
Rock v. Commonwealth
Facts:
Defendant appealed her convictions by the Circuit Court of the City of Alexandria (Virginia), for driving under the influence of alcohol in violation of Va. Code Ann. § 18.2-266 and for involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.1(A).
DUI Virginia Certificate Analysis Influence Alcohol Lawyers
Issue:
- Whether the trial court erroneously admitted the certificate of analysis and improperly relied on the test results’ statutory presumption of intoxication?
Discussion:
Defendant was driving her vehicle when she struck and killed a pedestrian. She was arrested on a charge of hit and run fatality and administered a breathalyzer test. She was indicted for driving under the influence of alcohol and involuntary manslaughter. The trial court admitted her breathalyzer results despite her objection that it was inadmissible because she had not been arrested for driving under the influence within two hours of the offense, as required by Va. Code Ann. § 18.2-268. The court concluded that reversible error occurred because the trial court erroneously admitted the certificate of analysis and improperly relied on the test results’ statutory presumption of intoxication. The commonwealth did not offer evidence on the significance of the test results in the certificate. Clear evidence therefore implied that the trial court applied the statutory presumption of intoxication, and the court was unable to say that this error did not affect the trial court’s decision. The court ruled that exigent circumstances did not exist because the commonwealth failed to introduce independent evidence of the significance of the test results. The court reversed defendant’s convictions for driving under the influence of alcohol and for involuntary manslaughter. The court remanded for further proceedings if the commonwealth so desired.
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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