Traffic Stop Lynchburg Virginia Lawyer Probable Cause Drug Possession
Traffic Stop Lynchburg Virginia Lawyer Probable Cause Drug Possession
James v. Commonwealth
Facts:
Defendant was stopped for speeding by a state police officer and the officer observed a pack of cigarette wrapping papers on the floorboard of defendant’s car. The officer also observed a brown paper bag folded up beside defendant’s driver’s seat. The officer picked up the bag, looked in it, and discovered marijuana in the bag. Defendant was ultimately convicted of possessing marijuana and he appealed, claiming that the officer did not have probable cause to look in the bag.
Traffic Stop Lynchburg Virginia Lawyer
Issue:
- Whether the officer had probable cause to believe that defendant possessed marijuana?
Discussions:
The court agreed and reversed the trial court’s judgment. The officer testified that the reason he looked in the bag was based purely on the fact that he saw the cigarette papers lying underneath defendant’s feet on the driver’s side of the car. The court found that it would have been rational to believe that the bag contained tobacco, defendant’s lunch, or any other lawful substance. Thus, the officer did not have probable cause to believe that defendant possessed marijuana and the marijuana evidence was improperly admitted.
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 Virginia Beach Lawyer Drug Possession Illegal Search Evidence
Traffic Stop Virginia Beach Lawyer Drug Possession Illegal Search Evidence
Jason v. Commonwealth
Facts:
Defendant sought review of his conviction by the Circuit Court for the City of Virginia Beach (Virginia) for possession of marijuana with the intent to distribute. Defendant challenged the admissibility of the marijuana and a statement he made to officers on the ground that the evidence was obtained in an illegal search and without the officers’ giving him Miranda warnings.
Traffic Stop Virginia Beach Lawyer
Issue:
- Whether defendant was in custody when he consented to the search and admitted ownership of the luggage?
Discussions:
Defendant was stopped for speeding. An officer asked if he could search the car. Defendant agreed verbally and signed a consent form. When a second officer asked about luggage in the trunk, defendant replied it was his. The officers found marijuana, arrested defendant, and gave him Miranda warning. On appeal of defendant’s conviction, the court found that defendant was not in custody when he consented to the search and admitted ownership of the luggage. Noting that the officer was justified in stopping defendant, the court concluded that the subsequent detainment and questioning did require Miranda warnings. With ample evidence to the contrary, the court rejected defendant’s claim that his consent to search was not voluntary. Because defendant had complete dominion and control over the marijuana found in the luggage, the court found that the evidence was sufficient to establish his constructive possession of the drugs. Affirming the conviction, the court held that the marijuana and defendant’s statement were properly admitted into evidence.
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 Manassas Virginia Lawyer Drunken Drive
Traffic Stop Manassas Virginia Lawyer Drunken Drive
Michael 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 Northampton County (Virginia), which convicted defendant, a habitual offender, of driving under the influence of alcohol and which sentenced defendant as a felon, pursuant to Va. Code Ann. § 46.2-357(B)(2). In claiming that the drunken driving had endangered nobody, defendant sought imposition of a misdemeanor sentence, pursuant to Va. Code Ann. 46.2-357(B)(1).
Traffic Stop Manassas Virginia Lawyer
Issue:
- Whether the evidences are to prove that the defendant’s drunken driving had endangered others?
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.
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.
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Traffic Stop Virginia Drugs Cocaine Lawyers Brunswick County
Mc. RENOLD v. COMMONWEALTH OF VIRGINIA
Facts:
A police officer observed a pickup truck with an inoperative brake light. He stopped the vehicle and intending to issue Ellis a summons for inoperative brake light. The officer recalled that Ellis and her passenger had a “previous narcotics history.” This conversation took about a minute. On his way back to his vehicle, the officer called for a canine narcotics unit to assist him. He then got back into his vehicle to issue the summons for the equipment violation. The canine narcotics unit arrived and searched Ellis and discovered cocaine. Ellis was convicted by the Circuit Court of the City of Virginia Beach of possession of cocaine.
Traffic Stop Virginia Drugs Cocaine Lawyers
Issue:
- Whether the trial court erred in fails to suppress the evidence of cocaine found on her person during a traffic stop?
Discussion:
The court held that “the officer’s one-minute conversation about drugs cannot be characterized as an exploitive, unconstitutional act. Where a seizure of a person is based on probable cause to believe that a traffic violation was committed, an officer does not violate the Fourth Amendment by asking a few questions about matters unrelated to the traffic violation, even if this conversation briefly extends the length of the detention. Ellis consented to a search while being detained by an officer having probable cause to issue her a citation for a malfunctioning brake light. The drug dog’s multiple alerts and Ellis’s subsequent consent took place before the officer completed the paperwork necessary for issuing a summons for the equipment violation. The brief, incremental delay caused by the officer’s questions regarding drugs did not violate the Fourth Amendment and, a fortiori, did not constitute an exploitive basis for securing Ellis’s consent.” This court finds that no error in trial court reasoning or result, affirmed the trial court judgment.
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 Virginia Drug Transaction Lawyers Carroll County
Traffic Stop Virginia Drug Transaction Lawyers Carroll County
HALLS V. COMMONWEALTH OF VIRGINIA
Facts:
Defendant filed a motion to suppress on the basis that the initial stop of his automobile violated his constitutional rights under U.S. Const. amend. IV. At a hearing for defendant’s motion to suppress, police officers testified that they observed a vehicle pull up to a group of six to eight men. One of the men left the group and walked toward the vehicle. The man bent down, reached into the vehicle, removed his hand and walked back to the group. Believing that they had observed a drug transaction, the officers pulled the automobile over shortly after it left the group. The Commonwealth argued that the stop of defendant’s vehicle was a permissible stop under Terry v. Ohio, because the officers were trained to identify potential drug transactions. The court found that neither officer saw anything exchanged between the occupants of the vehicle or the man who left the group to approach the vehicle. The officers did not hear any conversation between the men and did not observe any suspicious activity in the vehicle.
Traffic Stop Virginia Drug Transaction Lawyers
Issues:
- Whether the officer has sufficient specific objective facts to create a reasonable suspicion that the occupants of the vehicle may be involved in criminal activity?
Discussion:
The court determined that the facts did not create a reasonable suspicion that the occupants of the vehicle had engaged in criminal activity. Since the evidence was insufficient to justify stopping defendant’s vehicle, court concluded that defendant’s Fourth Amendment rights were violated. The court granted defendant’s motion to suppress.
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 Ticket Virginia Driving Suspended License Attorneys Richmond City
Traffic Ticket Virginia Driving Suspended License Attorneys Richmond City
GARRY v. COMMONWEALTH OF VIRGINIA
Fact:
On August 20, 1998, Officer observed Garry traveling in a car at a high rate of speed. Officer initiated a traffic stop and discovered Burney’s license had been suspended. He placed Garry under arrest for reckless driving and driving with a suspended license and conducted a search of his person incident to arrest. The Officer searched Garry for illegal contraband, escape devices, and weapons. During the search, he pulled Burney’s waistband out in the front and immediately saw two plastic bags in front of Burney’s genital area. One bag contained crack cocaine and the other bag contained heroin. After defendant’s motion to suppress the evidence obtained during a search of his person was denied, defendant entered conditional guilty pleas for possession of heroin with the intent to distribute, possession of cocaine with the intent to distribute, and failure to appear in court. The Circuit Court of Richmond (Virginia) accepted the pleas and convicted him. Defendant appealed.
Traffic Ticket Virginia Driving Suspended License Attorneys
Issues:
- Whether the trial court erred in denying his motion and admitting the Commonwealth’s evidence?
- Whether the police conducted a “strip search and the search violated Code § 19.2-59.1?
- Whether the evidence was obtained as a result of an illegal search?
Discussion:
The court held that the offenses did not constitute traffic infractions. Consequently, the definition of a strip search in Va. Code Ann. § 19.2-59.1 did not apply to the case. The officer pulled back the waistband of defendant’s underwear and looked inside, immediately spotting two bags containing suspected narcotics. Contrary to defendant’s contention, the evidence did not indicate that the officer could see defendant’s genitals when the officer pulled back his underwear. The officer did not touch defendant’s genitals. Thus, defendant was not subjected to a “strip search,” and the trial court did not err by denying his motion to suppress the evidence obtained during the search incident to his arrest.
Hence 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.
Virginia Traffic Ticket Public Highway Speed Limit Attorneys Loudoun County
Virginia Traffic Ticket Public Highway Speed Limit Attorneys Loudoun County
THOMAS v. COMMONWEALTH OF VIRGINIA
FACTS:
Deputy Klatch was monitoring west-bound traffic on a public highway. The posted speed limit on that portion of the highway was fifty miles per hour, although elsewhere on the same road the posted speed limit was fifty-five miles per hour. Klatch recorded Thomas speed at sixty-seven miles per hour and initiated a traffic stop. He issued Thomas a summons charging him with a violation of Code § 46.2-878. Thomas was charged with violating Code § 46.2-878. Following a bench trial, the Circuit Court of Loudoun County (Virginia) convicted him of speeding in violation of Va. Code Ann. § 46.2-870. Defendant appealed. On appeal he contends the trial court erred when it failed to grant his motion to strike because there can be no lesser included offenses of a traffic violation.
Virginia Traffic Ticket Public Highway Speed Limit Attorneys
ISSUES:
- The issue to be decided here is whether traffic infractions are treated like criminal offenses and other charges and can one be construed as a lesser-included offense of another.
DISCUSSION:
A traffic infraction, while not criminal in nature, is a violation of law punishable as provided in § 46.2-113, which is neither a felony nor a misdemeanor, Code § 46.2-100. As such, traffic infractions are punishable by a fine of not more than that provided for a Class 4 misdemeanor under § 18.2-11. Code § 46.2-113. Additionally, under Code § 46.2-937, for purposes of arrest, traffic infractions shall be treated as misdemeanors. Thus, for certain purposes, traffic infractions are treated like criminal offenses and other charges and nothing precludes one being a lesser-included offense of another.
Thomas also asserts that for an offense to be lesser included of another, it must be of lesser magnitude of the other. However, whether one offense is a lesser included offense of the other depends upon whether the elements of the greater offense necessarily include all elements of the lesser. A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense. An offense is not a lesser included offense of another if each offense contains an element that the other does not. Contrary to Thomas’s assertion, there is no requirement that a lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense. The potential punishment accorded each offense is immaterial to the determination of whether one offense is a lesser-included offense of another.
DECISION:
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.
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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