DUI Lawyers In Richmond Virginia: 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.

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We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

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Water v. Commonwealth

Facts:

Appellant challenged a judgment, based upon a jury verdict, of the Circuit Court of Richmond (Virginia) convicting him of driving a motor vehicle under the influence (DUI) of alcohol with two prior convictions within 10 years, in violation of Va. Code Ann. § 18.2-266.

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Holdings:

The Virginia Court made the following holding:

Testimony given at a former trial is admissible as an exception to the hearsay rule if certain requirements are met. These requirements are as follows: (1) the original witness must be unavailable; (2) the witness who is now unavailable must have been testifying under oath (or affirmation) at the former trial; (3) the issues must be substantially the same in both trials; (4) the party against whom the hearsay testimony is now offered (or his privy in interest) must have been a party in the former trial; and (5) the witness who is now testifying as to what was said at the former trial must be able to do so with reasonable accuracy. The party offering the testimony bears the burden of establishing the witness's unavailability.
For a witness to be deemed unavailable, the proponent of the evidence bears the burden of proving that one of the following conditions exists: (1) the declarant is dead; (2) the declarant is too ill to testify; (3) the declarant is insane; (4) the declarant is absent from the state and the party is unable to obtain the declarant's deposition; (5) the party has been unable by diligent inquiry to locate the declarant; (6) the declarant cannot be compelled to testify; and (7) the opposite party has caused the declarant's absence.

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.

DUI Lawyers In Richmond Virginia

Virginia DUI Richmond Lawyers Violation Code 18.2-266

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