Monday, April 14, 2014
Virginia DUI Richmond Lawyers Violation 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.
White v. Commonwealth
Facts:
Following the denial of
defendant's motions to strike the evidence, the Circuit Court of Richmond (Virginia)
convicted defendant of driving under the influence (DUI), in violation of Va.
Code Ann. § 18.2-266. Defendant 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:
- When the sufficiency of
the evidence is challenged on appeal, an appellate court determines
whether the evidence, viewed in the light most favorable to the prevailing
party, and the reasonable inferences fairly deducible from that evidence
support each and every element of the charged offense. In so doing, the
appellate court must discard the evidence of the accused in conflict with
that of the Commonwealth, and regard as true all the credible evidence
favorable to the Commonwealth and all fair inferences that may be drawn
therefrom. The appellate court will not reverse the judgment of the trial
court, sitting as the finder of fact in a bench trial, unless it is
plainly wrong or without evidence to support it.
- A trial court is
entitled to rely on circumstantial evidence in its determination of an
appellant's guilt. Circumstantial evidence is as competent and is entitled
to as much weight as direct evidence, provided it is sufficiently
convincing to exclude every reasonable hypothesis except that of guilt.
Where the Commonwealth's evidence as to an element of an offense is wholly
circumstantial, all necessary circumstances proved must be consistent with
guilt and inconsistent with innocence and exclude every reasonable
hypothesis of innocence. However, the Commonwealth is not required to
disprove every remote possibility of innocence, but is, instead, required
only to establish guilt of the accused to the exclusion of a reasonable
doubt. The hypotheses which the prosecution must reasonably exclude are
those which flow from the evidence itself, and not from the imagination of
defendant's counsel.
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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