Tuesday, March 18, 2014
Virginia DUI Richmond Lawyers Intoxicants Second Offense
Virginia DUI
Richmond 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.
Harman v. Commonwealth
Facts:
Defendant was convicted of
operating a vehicle under the influence of intoxicants (DUI) and received a
suspended sentence in Richmond. Defendant was again convicted of a second DUI
offense, and was required to serve two days of a sentence imposed for the
second conviction. In a third DUI proceeding against defendant, he alleged that
he had not waived the right to counsel and was not represented by counsel in
the two prior DUI proceedings, and thus objected to the admission of the prior
convictions into evidence. The trial court admitted them into evidence, the
jury found defendant guilty "as charged," and defendant was sentenced
to a jail sentence, upon which the trial court entered judgment. The appellate
court affirmed, but the court reversed and remanded. The court found that
defendant was not represented by counsel at both prior proceedings. The court
held that defendant's first conviction was not constitutionally invalid because
defendant received a suspended sentence for his first conviction. However, the
court found the second conviction constitutionally infirm because defendant had
to serve two days in jail. Thus, the second conviction was inadmissible in the
third proceeding.
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:
- Where a driving under
the influence (DUI) conviction is within 5 years of a first DUI
conviction, a defendant is required to serve 48 hours of the sentence imposed
for the previous conviction. Va. Code Ann. § 18.2-270. To convict a defendant
of a second driving under the influence (DUI) offense within 5 to 10 years
of a prior DUI conviction, the prior offense must be charged and proven.
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:
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