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:

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.

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