Monday, October 27, 2014

Virginia DUI Fairfax Lawyers 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.

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Joe v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax (Virginia) of involuntary manslaughter, in violation of Va. Code Ann. § 18.2-36.1, after having been convicted of driving under the influence (DUI), in violation of Va. Code Ann. § 18.2-266. He appealed.

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Holdings:

The Virginia Court made the following holding:

  • A defendant found guilty under Va. Code Ann. § 18.2-36.1(A) who involuntarily causes the death of another as the result of driving under the influence is guilty of involuntary manslaughter and can be sentenced to up to 10 years of imprisonment with no mandatory minimum. Under Va. Code Ann. § 18.2-36.1(B), if, in addition to the elements in § 18.2-36.1(A), the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than 1 nor more than 20 years, 1 year of which shall be a mandatory, minimum term of imprisonment.
  • A comparison of the language in Va. Code Ann. § 18.2-36.1 and the language of several Virginia murder statutes indicates the general assembly intended to allow multiple punishments for violations of this manslaughter section and the statute prohibiting driving under the influence, Va. Code Ann. § 18.2-266.

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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