Tuesday, February 25, 2014

Virginia DUI Fairfax Lawyers Suspended License Violation Code 18.2-266

Virginia DUI Fairfax Lawyers

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

Have you been charged with a traffic ticket in Virginia and need a lawyer to defend you? 

Are you concerned about the consequences of being charged for a traffic violation in Virginia?

We have defended many traffic tickets in Virginia and we can help you as well.

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 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.

Harrison v. Commonwealth

Facts:

Defendant in Fairfax moved the court to dismiss the warrant charging him with driving under the influence of alcohol (DUI) in violation of Va. Code Ann. § 18.2-266, on the ground that he had been twice placed in double jeopardy in violation of the Fifth Amendment because his operator's license was administratively suspended for seven days pursuant to the results of a blood alcohol test following his DUI arrest.
            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:

  • The clear meaning and effect of Va. Code Ann. §§ 46.2-391.2 and 46.2-391.4 demonstrate that remedial concerns cannot be the sole purpose of the legislature in enacting the administrative license suspension (ALS) provisions. In the ALS action, the Clerk of the General District Court shall return the defendant's license at the end of the seven-day period unless the probable cause determination is appealed and overruled during the same period. There is no requirement for alcohol evaluation or treatment during the seven-day period and no mechanism to determine if the defendant poses a threat to the health and safety of the community.
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:

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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