Speeding Virginia Radar Accuracy Speedometer Attorneys Henry County
Speeding Virginia Radar Accuracy Speedometer Attorneys Henry County
Key v. Commonwealth
Facts:
On the date of the offense, an officer tested the accuracy of his radar device using the unit’s self-test mechanism, two tuning forks, and the speedometer of the patrol car. Each method verified that the radar was functioning correctly both before and after defendant was charged with speeding.
Speeding Virginia Radar Accuracy Speedometer Attorneys
Issue:
- Whether accuracy of the radar unit was sufficiently shown?
Discussions:
As evidence at trial that the testing procedures were reliable, the Commonwealth introduced “Certificates of Accuracy” of the tuning forks and a calibration certificate of the speedometer. Defendant was convicted of speeding. He appealed, arguing that because the tuning fork certificates were dated approximately six weeks after his trial, the Commonwealth failed to prove their reliability pursuant to Va. Code Ann. § 46.2-882. The court affirmed, holding that the accuracy of the radar unit was sufficiently shown through the speedometer testing procedure. If tuning fork tests alone were sufficient to convict, the speedometer test was equally efficacious. The requirement of duplicate testing merely suggested that when proof was required, the Commonwealth had to be able to elect between methods of proof according to the evidence available, so proof by a single method would suffice.
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.
Speeding Virginia Suspended License Revocation Conviction Attorneys Hopewell City
Speeding Virginia Suspended License Revocation Conviction Attorneys Hopewell City
Kemp v. Smith
Facts:
Appellant, the Acting Commissioner of Motor Vehicles of Virginia, sought review of a decree from the Corporation Court of the City of Hopewell (Virginia), which enjoined the enforcement of an order revoking for 60 days the chauffeur’s license of appellee driver.
Speeding Virginia Suspended License Revocation Conviction Attorneys
Issue:
- Whether license if the appellee driver can be suspended?
Discussions:
The driver was found guilty on a charge of speeding. Later in the same year, he was arrested on another charge of speeding, failed to appear for trial, and forfeited the bond posted by him for his appearance to answer that charge. The Commissioner entered an order, in accordance with the provisions of Va. Code Ann. § 46-416.1, revoking the license for a period of 60 days on the ground that the driver had been twice convicted of speeding within a 12-month period. The trial court, in granting injunctive relief to the driver, concluded that the forfeiture of collateral was not a conviction within the meaning of Va. Code Ann. §§ 46-416.1, 46-387(4). The court reversed, holding that a conviction as defined in § 46-387(4) included a forfeiture of bail or collateral deposited to secure an appearance in court. If a driver chose to forfeit bond instead of appearing to defend the charge, that was a conviction no less than a conviction arrived at by trial.
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.
Reckless Driving Virginia Driver License Suspended Attorneys Louisa County
Reckless Driving Virginia Driver License Suspended Attorneys Louisa County
ANTONY MILL V. COMMONWEALTH
Facts:
Defendant was given a traffic citation for reckless driving, and had a valid driver’s license in his possession. The state trooper later determined that defendant’s license had been suspended at the time of the citation. The trooper obtained a warrant charging defendant with driving with a suspended license. At trial, defendant testified that he had not received notice that his license had been suspended, and the charge was dismissed. Defendant was later indicted for perjury, and the evidence adduced at trial showed that a Department of Motor Vehicles (DMV) employee had personally advised defendant that his license had been suspended and the evidence further showed that a copy of the suspension order had been mailed to and received by defendant. Defendant was convicted and sought review. The court affirmed. Defendant argued that his statement was not false because the notice letter was so vague that it did not advise him that his license was suspended. Defendant sought review of the judgment of the Circuit Court of Louisa County (Virginia), which convicted defendant of perjury in contravention of Va. Code § 18.2-434 in connection with his testimony at trial on a charge of driving a motor vehicle on a public highway after his privilege to drive had been suspended. Defendant testified at that trial that he had not received notice that his driving license had been suspended.
Reckless Driving Virginia Driver License Suspended Attorneys
Issue:
- Whether the language of the order, reasonably interpreted, accomplishes a suspension of defendant’s driver’s license?
- Whether the language of the document was confusing, contradictory and vague?
Discussion:
The court found that the letter was a DMV form letter in which inapplicable terms had not been crossed out, but held that when viewed in its entirety, the letter was sufficient to notify defendant that his license was suspended. The court affirmed defendant’s conviction for perjury over his objection that he did not falsely state that he did not know his driver’s license was suspended because the DMV notice letter was so vague that it did not advise him of the suspension.
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 Restoration License Habitual Offender Attorneys Augusta County
Suspended License Virginia Restoration License Habitual Offender Attorneys Augusta County
MERCHANT V. COMMONWEALTH OF VIRGINIA
Facts:
The motorist was determined to be a habitual traffic offender based on three predicate offenses of driving while his license was suspended or revoked. The evidence showed the predicate convictions resulted from his failure to pay fines and costs. Thereafter, the motorist filed a petition for restoration of his operator’s license. The Commonwealth opposed the petition on the grounds he was a habitual offender who had not answered a speeding citation.
Suspended License Virginia Restoration License Habitual Offender Attorneys
Issue:
- Whether the operator’s license can be restored as the defendant has three predicate convictions?
Discussions:
The Commonwealth argued that restoration of the motorist’s operator’s license should not be permitted because, at the time of all three predicate convictions, he was also under suspension for failing to answer a speeding citation in another place. The motorist presented evidence that he had paid all outstanding fines and costs, including the one involving the speeding citation. The Commonwealth also asked that restoration be denied because of the motorist’s less than exemplary driving record.
When a person has been adjudged an habitual offender based solely upon convictions of driving on a suspended license for failure to pay fines and costs, he may petition the court at any time for restoration of this license upon proof that all outstanding fines and costs have been paid. In other words, there is no mandatory waiting period as in other habitual offender cases.
The court is of the opinion that the DMV suspension of Mr. Merchant’ licence under § 46.2-946 resulted from his failure to pay fines and costs in Arkansas. Arkansas notified DMV, even before Mr. Merchant was convicted, that Mr. Merchant had “failed to comply with the terms of the citation.” The terms of the citation with which Mr. Merchant failed to comply were, obviously, payment of fines and costs associated with that speeding citation.
Thus, at the time of the predicate convictions, all of Mr. Merchant’ suspensions were the result of failure to pay fines and costs. To hold otherwise would create an anomaly that the legislature surely did not intend: a person declared an habitual offender whose predicate offenses result from failure to pay fines and costs in Virginia courts would be eligible for immediate restoration upon proof that all outstanding fines and costs have been paid but if that person were under suspension for failure to pay an out-of-state citation, he would not be eligible for restoration even after he paid that fine and costs.
While acknowledging the many traffic violations on Mr. Merchant’ record, the court will not deny restoration for that reason in this case. Since Mr. Merchant was declared an habitual offender almost two years ago, he has accumulated no more violations, he has paid thousands of dollars in fines and costs, and he has attended a driving school to which he was assigned by DMV. The court will restore Mr. Merchant’ license under § 46.2-361(B).
Judgment:
The court ordered that the motorist’s license be restored.
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 Speeding Violation Attorneys Bath County
Virginia Traffic Ticket Speeding Violation Attorneys Bath County
THOMAS SR. v. COMMONWEALTH OF VIRGINIA
Facts:
Defendant was charged with violating Code § 46.2-878. Following a bench trial, the trial court convicted him of speeding in violation of Code § 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 Speeding Violation Attorneys
Issue:
- Whether the trial court erred by denying the defendant’s motion to strike?
- Whether the lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense?
Discussion:
This Court found that, contrary to defendant’s assertion, there was no requirement that a lesser-included offense be of a lower grade or carry a different potential penalty than the greater offense. An offense was “lesser” if its elements were also elements of the “greater” offense. That the simple assault and battery is a lesser-included offense of sexual battery, both Class one misdemeanors under Code §§ 18.2-57 and 18.2-67.4(B), respectively. An offense is “lesser” if its elements are also elements of 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. For the foregoing reasons, this Court finds no error and affirmed the trial court’s decision.
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 Contributory Negligence Lawyers Attorneys
The driver on a main road was guilty of contributory negligence when she collided with a driver on a secondary road at an intersection that lacked signs because the driver on the secondary road, as the driver on the right, had the right-of-way.
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.
Virginia Traffic Ticket Accidents Motorist Collide Negligent Lawyers Attorneys
The son had previously received traffic tickets and had been involved in accidents. The parents allowed the son to use their vehicle, and the son collided with the motorist. The motorist brought an action against the parents and son for having negligently entrusted the vehicle to their son.
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.
Virginia Charged Reckless Driving Traffic Offense Lawyers Attorneys
The driver of the Toyota was charged with reckless driving and could face other traffic charges pending the results of the Police Department Virginia.
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.
Virginia Traffic Ticket Driving Intoxicated Failure Stop Signal Lawyers Attorneys
On July 11, Bruce, 39, of Virginia, charged with driving while intoxicated, failure to stop at stop signal.
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.
8:00 AM – 12:00 AM Midnight
Former State Trooper
