Northern Virginia DUI Lawyers Violation Code 18.2-266 Charge
Northern Virginia DUI Lawyers Violation Code 18.2-266 Charge
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
Jackson v. Commonwealth
Facts:
Defendant, who was charged with driving while under the influence (DUI) in violation of Va. Code Ann. § 18.2-266, filed a motion to reconsider the denial of his motion to dismiss on the basis of double jeopardy and collateral estoppel.
If you are facing a traffic case in Northern 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:
- The doctrine of collateral estoppel provides that once an ultimate issue of fact has been litigated and determined by a final judgment, that issue cannot be relitigated subsequently by identical litigants. For collateral estoppel to apply, a necessary element in the second trial must have been adjudicated in the first trial.
- As the administrative license suspension and driving while under the influence (DUI) prosecution are part of a single coordinated proceeding, an “intermediate” finding by a general district court of no probable cause would not preclude relitigation of probable cause at the DUI prosecution.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg
We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.
The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.
A Virginia lawyer from our firm will talk with you about your DUI in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Northern Virginia Drunk Driving Lawyer Speeding Reckless Violation Code 46.2-870
Northern Virginia Drunk Driving Lawyer Speeding Reckless Violation Code 46.2-870
Mickey v. Commonwealth
Facts:
Defendant was convicted in the Circuit Court in Northern Virginia of DUI in violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course of driving. He asserted that the drunk driving conviction was barred by Va. Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction for reckless driving.
If you are facing a traffic case in Northern 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:
- Under the plain and unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be charged and convicted of both DUI and reckless driving. A conviction of either DUI or reckless driving, whether in simultaneous or successive prosecutions, requires dismissal of the other charge if the other charge arose from the same act or acts. Virginia’s double jeopardy statute, Va. Code Ann. § 19.2-294, prohibits multiple convictions for separate offenses arising out of same act, except where convictions obtained in single prosecution. Reckless driving and speeding are separate and distinct offenses.
- The provisions of Va. Code Ann. § 19.2-294.1 do not bar the Commonwealth from convicting a person for DUI after the person was convicted of speeding, even where the charges arose out of the same course of driving and the act of speeding could have given rise to a charge and conviction for reckless driving under Va. Code Ann. § 46.2-862.
The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.
A Virginia lawyer from our firm will talk with you about your DUI in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.








