Thursday, February 27, 2014
Virginia DUI Fairfax Lawyers Drunken Driving
Virginia DUI
Fairfax Lawyers
Below is a sample case of
traffic violation in Virginia as interpreted by a lawyer in our firm.
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traffic ticket in Virginia and need a lawyer to defend you?
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consequences of being charged for a traffic violation in Virginia?
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tickets in Virginia and we can help you as well.
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locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic violation. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Baker v. Commonwealth
Facts:
Defendant sought review of a
judgment from the Circuit Court of Fairfax (Virginia), which convicted defendant,
a habitual offender, of driving under the influence (DUI) 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).
If you are facing a traffic case in Virginia, contact a
SRIS Law Group lawyer for help. You can
reach us at 888-437-7747
Holdings:
The
Virginia Court made the following holding:
- Va. Code Ann. § 46.2-357
reads: B. Any person found to be an habitual offender under this article,
who is thereafter convicted of driving a motor vehicle or self-propelled
machinery or equipment in the Commonwealth while the order of the court
prohibiting such driving is in effect, shall be punished as follows: 1. If
such driving does not, of itself, endanger the life, limb, or property of
another, such person shall be guilty of a misdemeanor punishable by
confinement in jail for no more than ninety days and a fine of not more
that $ 2,500, either or both. However, ten days of any such confinement
shall not be suspended except in cases designated in subdivision 2 (ii) of
this section.
- Va. Code Ann. § 46.2-357
contains the criterion that distinguishes a misdemeanor violation from a
felony violation. A habitual offender who is convicted of driving a motor
vehicle after being forbidden to drive shall be punished as a misdemeanant
if such driving does not, of itself, endanger the life, limb, or property
of another, pursuant to Va. Code Ann. § 46.2-357(B)(1). Pursuant to Va.
Code Ann. § 46.2-357(B)(2), a convicted habitual offender shall be
punished as a felon if such driving, of itself, does endanger the life,
limb, or property of another.
We have client meeting
locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg
Contact our law firm today to
speak with a lawyer today about your traffic ticket. An attorney from our firm will do his best to
help you.
Our law firm has the
necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer: