Wednesday, April 23, 2014
Virginia DUI Richmond Lawyers Code 18.2-266
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.
Jefferson v. Commonwealth
Facts:
Defendant was convicted in
the Circuit Court of Richmond (Virginia) of driving under the influence and
aggravated involuntary manslaughter, in violation of Va. Code Ann. §§ 18.2-266
and 18.2-36.1(B), respectively. He appealed.
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. §
18.2-268.3 provides that if an arrestee for driving under the influence
refuses repeatedly to submit to blood or breath testing after being
advised of the possible consequences of such refusal, no blood or breath
samples shall be taken, and if charged with unreasonably refusing to submit
to such testing, the arrestee may introduce evidence to try to establish
that his refusal was reasonable.
- The implied consent of
one who operates a vehicle on the public highways of Virginia to take a
blood test, in the event he be charged with drunk driving, is a measure
flowing from the police power of the state designed to protect other users
of state highways. It is not a qualified consent and it is not a
conditional consent, and therefore there can be no qualified refusal or
conditional refusal to take the test. The fact that under the Va. Code
Ann. § 18.2-268.3 an accused is afforded an opportunity to establish the
reasonableness of his refusal does not operate to dilute the consent
previously given, or convert that consent into a qualified or conditional
one. Section 18.2-268.3 does excuse from punishment for refusal to take
the test one whose refusal is reasonable, such as where a person's health
would be endangered by the withdrawal of blood.
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.
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