DUI Prince William Virginia Lawyer Drug Possession Intention Stop
DUI Prince William Virginia Lawyer Drug Possession Intention Stop
Cassandra v. Commonwealth
Facts:
Defendant appealed a decision of the Circuit Court of Prince William County (Virginia) that convicted her for possession of marijuana with intent to distribute.
DUI Prince William Virginia Lawyer
Issue:
- Whether the defendant voluntarily consented to the search of the vehicle?
Discussions:
On appeal from her conviction of possession of marijuana with intent to distribute, defendant challenged the stop of her automobile. She contended that she was illegally detained because a state trooper stopped her automobile under a pretext of a drug courier profile. The defendant also contended that consent to search her automobile was obtained by coercion and that certain statements she made were inadmissible because they were made before she was advised of her Miranda rights. The court found that the trial court did not err in finding that the trooper was justified in stopping her vehicle because she met a drug courier profile and she was speeding. The court articulated that the trooper had a justifiable and legal reason (speeding) to stop the vehicle. The court opined that she also voluntarily consented to the search of her vehicle. The court noted that merely advising a defendant that a search warrant could be obtained was not coercion. The court held that the trooper was not required to advise her of her Miranda rights prior to the time she made incriminating statements because she was not in custody, but was merely a subject of a Terry stop.
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.
Excess Speed Prince William Virginia Lawyer Reckless Driving
Excess Speed Prince William Virginia Lawyer Reckless Driving
Philips v. Commonwealth
Facts:
Defendant was driving on a highway in the Commonwealth in excess of eighty miles per hour. As a result, he was issued a summons for reckless driving by speed. The trial court conducted a trial on the charge. At the close of the evidence, the Commonwealth proffered a jury instruction instructing the jury that in order to find him guilty of reckless driving by speed, the jury had to find beyond a reasonable doubt that James was traveling on a public highway and that he was traveling in excess of eighty miles per hour. Jury in the Circuit Court of Prince William County convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed.
Excess Speed Prince William Virginia Lawyer
Issue:
- Whether the trial court erred in denying his proposed jury instruction that improper driving, an offense set forth in Code § 46.2-869, is a lesser-included offense of reckless driving by speed?
Discussion:
The Court held that the improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862. The plain and unambiguous reading of § 46.2-869 made clear that authority rested with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may have reduced a reckless driving charge to improper driving at any time before the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict was rendered, had the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869. For these reasons, 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.
Traffic Stop Prince William Virginia Lawyer Speed Drive
Traffic Stop Prince William Virginia Lawyer Speed Drive
James v. Commonwealth
Facts:
Defendant was indicted by a Prince William County grand jury for reckless driving and for the felony failure to stop and provide certain information in violation of Code § 46.2-894. At a bench trial, the circuit court convicted the defendant of reckless driving and fixed his punishment at six months in jail. The circuit court convicted and fixed his punishment at two years imprisonment, which was suspended, and a fine of $ 1,000. The Court of Appeals affirmed the judgment of the circuit court. Appellant appealed.
Traffic Stop Prince William Virginia Lawyer
Issue:
- Whether the driver of a vehicle was involved in an accident within the intendment of Code § 46.2-894, a penal statute?
Discussion:
The court rejecting the court of appeals’ broad definition of “involved,” this court held that to be “involved” in an accident within the meaning of § 46.2-894, there had to be physical contact between appellant’s vehicle and another vehicle, person, or object, or appellant must have been the proximate cause of the accident. Applying this definition to appellant’s circumstances, the Supreme Court held that he was not involved in the accident within the meaning of § 46.2-894. His vehicle did not have any physical contact with the other driver’s vehicle. He was not a cause of the accident; rather, he reduced his speed, and ultimately allowed the other driver to enter into his lane. A law enforcement officer, who testified as an accident reconstruction expert, stated that the other driver had ample opportunity to slow down after merging into appellant’s lane before she lost control of her car, left the road, and collided into two different trees. She apparently did not slow down, however, and the accident resulted in her death and that of her four-year-old child. Hence the court of appeals’ judgment was reversed, and appellant’s conviction for violating § 46.2-894 was dismissed.
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 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 Habitual Offender Traffic Ticket Lawyers Prince William County
Suspended License Virginia Habitual Offender Traffic Ticket Lawyers Prince William County
JOHNNIE EDWARD ESTES v. COMMONWEALTH OF VIRGINIA
Facts:
In this case, Johnnie Edward Estes, the defendant, was declared by the trial court to be an habitual offender under the Virginia Habitual Offender Act (Code §§ 46.1-387.1 to 46.1-387.12). This finding was based upon a conviction of driving under the influence in 1964 and convictions of driving under the influence and driving on a suspended license in 1968. Defendant sought review of a judgment from the Circuit Court of Prince William 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 Habitual Offender Traffic Ticket Lawyers
Issue:
- Whether the defendant’s two prior 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:
This court held that it is clear that 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 an habitual offender. This court hence affirmed the judgment convicting the defendant.
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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