Wednesday, October 29, 2014
Virginia DUI Fairfax Lawyers Violation Code 18.2-266 Third Offense
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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Simon v. Commonwealth
Facts:
Defendant appealed from a judgment of the Circuit Court of Fairfax (Virginia), which convicted him of driving under the influence (DUI), a third or subsequent offense within five years in violation of Va. Code Ann. § 18.2-266, and of driving after being declared an habitual offender.
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Holdings:
The Virginia Court made the following holding:
- Evidence of prior driving under the influence (DUI) convictions and evidence of prior traffic records are not the same. Traffic records as contemplated by Va. Code Ann. § 46.2-943 contain prior suspensions and revocations of a driver's license and prior convictions of moving traffic violations, including, but not limited to, DUI convictions. Thus, while evidence of a prior DUI conviction may be a part of a traffic record, such evidence does not necessarily constitute the traffic record for purposes of the application of Va. Code Ann. § 46.2-943.
- Evidence of prior driving under the influence (DUI) convictions does not constitute the "traffic record" as contemplated by Va. Code Ann. § 46.2-943 where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge requires proof of the prior DUI convictions.
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: