Suspended License Rockingham Virginia Lawyer Unauthorized Use
Suspended License Rockingham Virginia Lawyer Unauthorized Use
Francis v. Commonwealth
Facts:
Following a jury trial in the Circuit Court of Rockingham County (Virginia), defendant was convicted of a third or subsequent offense of driving on a suspended or revoked license and unauthorized use of a motor vehicle and sentenced to five years for unauthorized use and 12 months for driving while suspended. Defendant appealed.
Suspended License Rockingham Virginia Lawyer
Issue:
- Whether the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of defendant’s driving transcript from the Department of Motor Vehicles?
Discussion:
Defendant argued that the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of his driving transcript from the Department of Motor Vehicles (Virginia). Defendant objected that the transcript was irrelevant and prejudicial as it contained information unrelated to his prior convictions of driving on a suspended license. The appellate court held that, even assuming the trial court erred in admitting the unredacted transcript, such error did not compel reversal because the evidence overwhelmingly proved defendant guilty of a third or subsequent offense of driving on a suspended license. Defendant testified that his license was suspended when he drove and that he had previously been convicted twice of driving on a suspended license. In addition the Commonwealth introduced two conviction orders indicating defendant’s prior convictions for driving on a suspended license. The judgment of the trial court 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 Virginia DMV Record Evidence Lawyers Norfolk County
Suspended License Virginia DMV Record Evidence Lawyers Norfolk County
Giles v. Commonwealth
Facts:
Defendant challenged a judgment of the Circuit Court of the City of Norfolk (Virginia), which, after a bench trial, convicted him of driving on a suspended license in violation of Va. Code Ann. § 46.2-301. Defendant contended that the trial court erred by admitting into evidence his Division of Motor Vehicles (DMV) driving record.
Suspended License Virginia DMV Record Evidence Lawyers
Issue:
- Whether the trial court erred by admitting into evidence his Division of Motor Vehicles (DMV) driving record?
Discussion:
Defendant was stopped by an officer for failure to stop at a stop sign. Defendant gave the officer his automobile registration, but not his operator’s license. The Commonwealth introduced into evidence a copy of defendant’s DMV driving record. Defendant objected on hearsay grounds to its admissibility to prove his prior convictions of driving on a suspended license. The court affirmed and held as follows: defendant’s DMV driving record was properly admitted, pursuant to Va. Code Ann. § 46.2-215 and the official documents exception to the hearsay rule, for the limited purpose of proving that defendant had notice of his suspension; official DMV records were admissible as an exception to the hearsay rule if the document related facts or events within the personal knowledge and observation of the recording official to which he could have testified should he have been called as a witness; and the statutory duties imposed on the clerk of a trial court by § 46.2-382(1) satisfied the personal knowledge requirement of the official documents exception to the hearsay rule. The court affirmed the judgment of conviction
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.
Revoked License Virginia Suspended Traffic Lawyers Orange County
Revoked License Virginia Suspended Traffic Lawyers Orange County
Andy v. Commonwealth
Facts:
Following a jury trial in the Circuit Court of Orange County (Virginia), defendant was convicted of a third or subsequent offense of driving on a suspended or revoked license and unauthorized use of a motor vehicle and sentenced to five years for unauthorized use and 12 months for driving while suspended. Defendant appealed.
Revoked License Virginia Suspended Traffic Lawyers
Issue:
- Whether the trial court erred in admitting his unredacted driving record at the guilt phase of trial?
Discussion:
Defendant argued that the trial court erred in admitting, at the guilt phase of trial, an unredacted copy of his driving transcript from the Department of Motor Vehicles (Virginia). Defendant objected that the transcript was irrelevant and prejudicial as it contained information unrelated to his prior convictions of driving on a suspended license. The appellate court held that, even assuming the trial court erred in admitting the unredacted transcript, such error did not compel reversal because the evidence overwhelmingly proved defendant guilty of a third or subsequent offense of driving on a suspended license. Defendant testified that his license was suspended when he drove and that he had previously been convicted twice of driving on a suspended license. In addition. the Commonwealth introduced two conviction orders indicating defendant’s prior convictions for driving on a suspended license. The judgment of the trial court 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 Virginia Ordinance Prior Conviction Lawyers Henrico County
Suspended License Virginia Ordinance Prior Conviction Lawyers Henrico County
Francis v. Commonwealth
Facts:
Defendant challenged a decision from the Circuit Court of Henrico County (Virginia), which adjudicated him an habitual offender based upon a prior conviction under an ordinance that was declared invalid.
Suspended License Virginia Ordinance Prior Conviction Lawyers
Issue:
- Whether the trial court erred in basing defendant’s determination on the ordinance?
Discussion:
The Commonwealth presented five prior convictions to support its contention that defendant was an habitual offender. Defendant contended that two of the convictions were based upon driving under a suspended driver’s license under former Va. Code Ann. § 46.1-350, which was no longer recognized by Va. Code Ann. § 46.2-301 as a predicate offense for habitual offender status. He also contended that a conviction for driving under the influence of alcohol was under the ordinance, which had been declared invalid. The trial court adjudicated defendant an habitual offender, finding that the two convictions for driving under suspension could not be considered but that the offense for driving under the influence could be. Defendant appealed and the court affirmed, finding that the trial court was correct but for the wrong reasons. The driving under suspension violation was properly presented for habitual offender status while the driving under the influence conviction was not. Va. Sup. Ct. R. 5A:18 did not require the Commonwealth to raise the issue concerning the incorrect ruling before the trial court because it was not seeking a reversal of that ruling. The court affirmed the adjudication of defendant as an 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.
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.
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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