Alexandria Virginia DUI First Offense

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DUI First Offense Charge – Virginia Lawyers

There are many different penalties for a DUI First Offense charge in Virginia.

If you are dealing with a DUI First Offense in Virginia, contact our law firm immediately for help.

DUI First Offense Defense In Virginia

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.

Virginia DUI First Offense

Luther v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Alexandria (Virginia), which, pursuant to Va. Code Ann. §§ 18.2-266, -270, convicted him of second offense driving under the influence (DUI).

The court reversed the conviction and remanded the case. It determined that, pursuant to Va. Code Ann. § 18.2-270, the Commonwealth failed to prove beyond a reasonable doubt that the first offense occurred within ten years of the second offense because the circuit court could not take judicial notice of the date on which the first offense occurred

If you are facing a traffic case in Alexandria, 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. § 18.2-270 states in part that any person convicted of a second offense committed within a period of five to ten years of a first offense under Code § 18.2-266 shall be punishable by a fine of not less than $ 200 nor more than $ 2500 and by confinement in jail for not less than one month nor more than one year.
• Courts may take judicial notice of facts commonly known from human experience, but facts which are not commonly known must be proved. The individual and extrajudicial knowledge of a judge cannot be used to dispense with proof of facts not properly the subject of judicial notice, and cannot be resorted to for the purpose of supplementing the record. A judge’s personal knowledge cannot be a basis of judicial notice, at least as to matters of fact.

DUI First Offense Defense In Virginia

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.

Article written by A Sris
Sris Law Group
1-703-278-0405

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Alexandria DUI Reduced To Reckless Driving In Virginia Attorney

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888-437-7747, Alexandria, Alexandria Lawyer, Alexandria Virginia, Alexandria Virginia Attorney, Alexandria Virginia Attorneys, Alexandria Virginia Criminal Lawyer, Alexandria Virginia Law, Alexandria virginia laws, Alexandria Virginia Lawyer, Alexandria Virginia Lawyers, Driving under the influence, Dui Defense, Dui First Offense, Dui Lawyers, DUI Reduced, DUI Reduced To Reckless, Human Experience, Judicial Notice, Law Group, Necessary Experience, Offense Defense, Reasonable Doubt, Reckless Driving In Alexandria, Reckless Driving In Alexandria Virginia, Traffic Case, Virginia Alexandria Attorneys, Virginia Alexandria Laws, Virginia Alexandria Lawyer, Virginia Court, virginia lawyers

Have you been charged with a DUI in Virginia?

Are you concerned about the consequences of being charged with a DUI in Virginia?

For a lot of our clients, a charge of a DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of a DUI in Virginia.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

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.

Peter v. Commonwealth

Facts:

The trial court of Alexandria (Virginia), after the presentation of all evidence and without the agreement of the parties or the request of either, sua sponte reduced the charge of driving under the influence (DUI) warrant to reckless driving and convicted defendant. 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:

• Reckless driving is not a lesser included offense of driving under the influence. It is instead a separate and distinct crime.
• The authority of a district court to amend warrants or place new charges is contained in Va. Code Ann. § 16.1-129.2. A district court may amend a warrant to correct defects or faults it finds in the form of the document or to charge a lesser included offense. However, an amendment to a warrant cannot change the nature and character of the offense originally charged. If a district court believes that a different offense should be charged other than the one contained in the warrant, it may, pursuant to Va. Code Ann. § 16.1-129.2, issue under its own hand a warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him.

If you have been charged with a criminal offense of a DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

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.

Article written by A Sris
Sris Law Group
1-703-278-0405

Alexandria Virginia DUI First Offense

Tags

888-437-7747, Alexandria, Alexandria Lawyer, Alexandria Virginia, Alexandria Virginia Attorney, Alexandria Virginia Attorneys, Alexandria Virginia Criminal Lawyer, Alexandria Virginia Law, Alexandria virginia laws, Alexandria Virginia Lawyer, Alexandria Virginia Lawyers, Driving under the influence, Dui Defense, Dui First Offense, Dui Lawyers, Human Experience, Judicial Notice, Law Group, Necessary Experience, Offense Defense, Reasonable Doubt, Traffic Case, Virginia Alexandria Attorneys, Virginia Alexandria Laws, Virginia Alexandria Lawyer, Virginia Court, virginia lawyers

DUI First Offense Charge – Virginia Lawyers

There are many different penalties for a DUI First Offense charge in Virginia.

If you are dealing with a DUI First Offense in Virginia, contact our law firm immediately for help.

DUI First Offense Defense In Virginia

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.

Virginia DUI First Offense

Luther v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Alexandria (Virginia), which, pursuant to Va. Code Ann. §§ 18.2-266, -270, convicted him of second offense driving under the influence (DUI).

The court reversed the conviction and remanded the case. It determined that, pursuant to Va. Code Ann. § 18.2-270, the Commonwealth failed to prove beyond a reasonable doubt that the first offense occurred within ten years of the second offense because the circuit court could not take judicial notice of the date on which the first offense occurred

If you are facing a traffic case in Alexandria, 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. § 18.2-270 states in part that any person convicted of a second offense committed within a period of five to ten years of a first offense under Code § 18.2-266 shall be punishable by a fine of not less than $ 200 nor more than $ 2500 and by confinement in jail for not less than one month nor more than one year.
• Courts may take judicial notice of facts commonly known from human experience, but facts which are not commonly known must be proved. The individual and extrajudicial knowledge of a judge cannot be used to dispense with proof of facts not properly the subject of judicial notice, and cannot be resorted to for the purpose of supplementing the record. A judge’s personal knowledge cannot be a basis of judicial notice, at least as to matters of fact.

DUI First Offense Defense In Virginia

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.

Article written by A Sris
Sris Law Group
1-703-278-0405

Alexandria DUI Reduced To Reckless Driving In Virginia Attorney

Tags

888-437-7747, Alexandria, Alexandria Lawyer, Alexandria Virginia, Alexandria Virginia Attorney, Alexandria Virginia Attorneys, Alexandria Virginia Criminal Lawyer, Alexandria Virginia Law, Alexandria virginia laws, Alexandria Virginia Lawyer, Alexandria Virginia Lawyers, Driving under the influence, Dui Defense, Dui First Offense, Dui Lawyers, DUI Reduced, DUI Reduced To Reckless, Human Experience, Judicial Notice, Law Group, Necessary Experience, Offense Defense, Reasonable Doubt, Reckless Driving In Alexandria, Reckless Driving In Alexandria Virginia, Traffic Case, Virginia Alexandria Attorneys, Virginia Alexandria Laws, Virginia Alexandria Lawyer, Virginia Court, virginia lawyers

Have you been charged with a DUI in Virginia?

Are you concerned about the consequences of being charged with a DUI in Virginia?

For a lot of our clients, a charge of a DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court without a lawyer, if you have been charged with a crime of a DUI in Virginia.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

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.

Peter v. Commonwealth

Facts:

The trial court of Alexandria (Virginia), after the presentation of all evidence and without the agreement of the parties or the request of either, sua sponte reduced the charge of driving under the influence (DUI) warrant to reckless driving and convicted defendant. 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:

• Reckless driving is not a lesser included offense of driving under the influence. It is instead a separate and distinct crime.
• The authority of a district court to amend warrants or place new charges is contained in Va. Code Ann. § 16.1-129.2. A district court may amend a warrant to correct defects or faults it finds in the form of the document or to charge a lesser included offense. However, an amendment to a warrant cannot change the nature and character of the offense originally charged. If a district court believes that a different offense should be charged other than the one contained in the warrant, it may, pursuant to Va. Code Ann. § 16.1-129.2, issue under its own hand a warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him.

If you have been charged with a criminal offense of a DUI in Virginia, contact our law firm for help.

Contact our law firm today to speak with a lawyer today about your Criminal Case.  An attorney from our firm will do his best to help you.

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.

Article written by A Sris
Sris Law Group
1-703-278-0405