Speeding Fairfax Virginia Lawyer Evidence Summons Offense
Speeding Fairfax Virginia Lawyer Evidence Summons Offense
Greener v. Commonwealth
Facts:
Defendant challenged the judgment of the General District Court for the County of Fairfax (Virginia), which convicted defendant of speeding. The charge identified the location of the offense as one county, but at trial, defendant presented evidence that it occurred in a different county.
Speeding Fairfax Virginia Lawyer
Issue:
- Whether the defendant was guilty of speeding in the county as charged in the summons?
Discussions:
At the conclusion of the Commonwealth’s evidence and again at the conclusion of the trial, defendant moved to strike the evidence and dismiss the charge based upon the evidence presented that the offense had in fact occurred in a county other than the one indicated on the summons. On this point, the evidence of the Commonwealth and that of defendant were in conflict. At the conclusion of all of the evidence and after defendant moved to strike the Commonwealth’s evidence that the attorney for the Commonwealth moved to conform the summons to the evidence. The court reversed and held that under Va. Code Ann. § 16.1-137, a court’s discretion in amending or issuing a new warrant in order to conform the warrant to the proof was not unlimited. When the evidence was concluded and defendant’s motion to strike was made, the court was bound to take the warrant as it then read. Throughout the trial, defendant had challenged the venue of the prosecution and accordingly, under Va. Code Ann. § 19.1-244, any question of venue was not waived. The court concluded that the defendant was not guilty of speeding in the county as charged in the summons, and dismissed the charge.
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 Franklin Virginia Lawyer Actual Knowledge
Suspended License Franklin Virginia Lawyer Actual Knowledge
Commonwealth v. Shawn
Facts:
Defendant sought review of a decision by the General District Court (Virginia), which convicted him of driving with no valid license.
Suspended License Franklin Virginia Lawyer Actual Knowledge
Issue:
- Whether the Defendant had actual knowledge that his license was suspended?
Discussion:
Defendant was stopped for speeding by a trooper who learned that his license had been suspended. The trial court convicted defendant of driving with no valid license held. On appeal, the court found that defendant was not guilty, holding that defendant could not be convicted for driving without a valid operator’s license because he did not have actual knowledge that his license had been suspended. The court found that there was nothing in the evidence to suggest that defendant knew anything about an unsatisfied judgment or a license suspension arising from the unsatisfied judgment. The court determined that the evidence did not appear to support a claim that defendant failed to keep the division of motor vehicles advised of his address and thereby contributed to his lack of knowledge, or that such a fact was relevant to defendant’s actual knowledge. The court found that defendant was not guilty of the offense of driving without a valid license
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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