Using Radar Defense With Lidar Henrico Virginia

03 Friday Jan 2014

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Using Radar Calibration Defense With Lidar – Virginia Lawyers

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Using Radar Calibration Defense With Lidar In Virginia.

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Using Radar Defense With Lidar Richmond Lawyers Virginia Felony Motor Vehicle

Michael v. Commonwealth

Facts:

Appeal from an order of the Circuit Court of Henrico (Virginia) that entered judgment in favor of appellee in an action alleging that after appellant had been judged a habitual offender, he drove in such a manner as to endanger the life, limb, or property of another, a violation of Va. Code Ann. § 46.2-357(B)(2). With no proof as to whether the officer has caught the Appellant, using radar (Lidar), the Appellant took the defense that there was no evidence in the record as to appellant’s actually driving.

If you are facing a criminal case in Henrico, 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 reviewing court views the evidence in the light most favorable to the party prevailing below, granting to it all reasonable inferences fairly deducible therefrom
  • Under Va. Code Ann. § 46.2-357(B)(2) any person found to be an habitual offender under this article, who is thereafter convicted of driving a motor vehicle while the revocation determination is in effect shall be guilty of a felony if such driving of itself endangers the life, limb, or property of another or takes place while such person is in violation of Va. Code Ann. § 18.2-266, irrespective of whether the driving of itself endangers the life, limb or property of another and one of the offender’s underlying convictions is for Va. Code Ann. §§ 18.2-36.1, 18.2-266 or a parallel local ordinance
  • The reviewing court will not reverse the judgment of the trial court unless it is plainly wrong or without evidence to support it.

Using Radar Calibration Defense With Lidar In Virginia.

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Dismissal Henrico Virginia Speeding Ticket

03 Friday Jan 2014

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Seeking Dismissal Of A Virginia Speeding Ticket – Virginia Lawyers

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Dismissal Of A Virginia Speeding Ticket – Attorneys

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Warner v. Commonwealth

Facts:

The Commonwealth charged defendant with speeding under Henrico County, Va., Code § 82-4-10, which tracked the language of and substance of the comparable Virginia Code Annotated provisions. Defendant stipulated the Commonwealth’s evidence was sufficient to convict him, but moved to dismiss the § 82-4-10 charge because he was not provided an immediate hearing upon his request pursuant to Va. Code Ann. § 46.2-936. Section 46.2-936 provided that a person issued a summons for a violation of the traffic code which was punishable as a misdemeanor had a right to an immediate hearing. Defendant requested such a hearing by noting it on the Virginia Uniform Summons of which both he and the officer had copies. However, the speeding infraction was not punishable as a misdemeanor, and, even if it had been, the remedy for violation of the rights under § 46.2-936 would not have been dismissal of the charge.
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Holdings:

The Virginia Court made the following holding:
  • A person issued a summons for a violation of the traffic code which is punishable as a misdemeanor has a right to an immediate hearing. Va. Code Ann. § 46.2-936. The remedy for violation of the rights under § 46.2-936 is not dismissal of the charge..
  • Constitutional violations may well require dismissal of the charges for violations. However, Virginia law has consistently held that exclusion or dismissal is not the remedy for violations of statutory rights.

Dismissal Of A Virginia Speeding Ticket – Attorneys

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Henrico Virginia School Bus Stop Law

03 Friday Jan 2014

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School Bus Stop Law Charge – Virginia Lawyers

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Virginia School Bus Stop Law Defense – Virginia Lawyers

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Justin v. Commonwealth

Facts:

The trial court convicted defendant under Virginia law for unlawfully operating a motor vehicle in a reckless manner. During defendant’s trial for passing a school bus that was discharging passengers at the stop, defendant and another defense witness testified that they had not seen the bus. Defense counsel asked two witnesses for the state how the markings on the bus conformed to the regulations of the State Board of Education (board). The trial court held the questions were improper and immaterial. Defendant was convicted of unlawfully driving a motor vehicle in a reckless manner.

If you are facing a traffic case in Henrico, 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:
  • One of the most zealously guarded rights in the administration of justice is that of cross-examining an adversary’s witnesses. In Virginia, in criminal cases, it is preserved to the accused by the constitutional guarantee of confrontation. A party called to testify for another, having an adverse interest, may be examined by such other party according to the rules applicable to cross-examination. This applies to criminal cases as well as to civil cases. It is only after the right of cross-examination has been substantially and fairly exercised that the allowance of further cross-examination becomes discretionary with the court. The right, when not abused, is an absolute right and not a mere privilege of a party against whom a witness testifies.
  • Except when modified by statute, the accused in a criminal case is presumed to be innocent until his guilt has been proven beyond a reasonable doubt; the burden rests upon the Commonwealth to establish such guilt, and this burden never shifts. Every material element of the offense charged must be proved in order to find the defendant guilty.

Virginia School Bus Stop Law Defense – Virginia Lawyers

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Henrico Virginia Driving On Suspended 10 Days Jail Offense

03 Friday Jan 2014

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<h1 style=”text-align: center;”>Virginia Driving On Suspended Charge with a 10 day jail sentence – Virginia Lawyers</h1>
<p style=”text-align: justify;”>If you are concerned about a <em>Virginia Driving On Suspended Charge with 10 day jail sentence in Virginia</em>, contact our law firm immediately for help.</p>

<h3 style=”text-align: justify;”>Virginia Driving On Suspended Charge with 10 day jail sentence defense – Virginia Lawyers</h3>
<p style=”text-align: justify;”>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.</p>

<h3 style=”text-align: center;”>Mark v. Commonwealth</h3>
<h4>Facts:</h4>
<p style=”text-align: justify;”>Defendant driver sought review of a judgment of the Circuit Court of Henrico (Virginia), which found that Va. Code Ann. § 46.2-391.2(A), which suspended the driving license on the failure to submit to a breath test in violation of Va. Code Ann. § 18.2-268.3, was civil and remedial, and thus did not violate constitutional double jeopardy. The Defendant had previously been sentenced to 10 days in jail for a traffic offense.</p>
<p style=”text-align: justify;”>If you are facing a criminal case in Henrico, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747</p>

<h4 style=”text-align: justify;”>Holdings:</h4>
<h5 style=”text-align: justify;”>The Virginia Court made the following holding:</h5>
<ul style=”text-align: justify;”>
<li>Va. Code Ann. § 46.2-391.2(A) provides in pertinent part that if a person refuses to submit to a breath test in violation of Va. Code Ann. § 18.2-268.3, upon issuance of a warrant for driving while intoxicated in violation of Va. Code Ann. § 18.2-266 or for refusing to take a blood or breath test in violation of Va. Code Ann. § 18.2-268.3, his operator’s license shall be suspended immediately for seven days.</li>
<li>Va. Code Ann. § 46.2-391.2(C) provides that any person whose operator’s license has been suspended under Va. Code Ann. § 46.2-391.2(A) may, during the period of the suspension, request the general district court where the arrest was made to review the suspension, and the request is given precedence over all other matters on the docket. If the person proves by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the suspension. Otherwise, the court shall affirm the suspension.</li>
</ul>
<h3 style=”text-align: justify;”>Virginia Driving On Suspended Charge with 10 day jail sentence defense – Virginia Lawyers</h3>
<p style=”text-align: justify;”>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.</p>
<p style=”text-align: right;”>Article written by A Sris
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Traffic Lawyer Henrico Virginia

03 Friday Jan 2014

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Traffic Lawyer – Virginia

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Traffic Case – Virginia Attorneys

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Walter v. Commonwealth

Facts:

Following a jury trial in the Circuit Court of Henrico County (Virginia), defendant was convicted of a third or subsequent traffic offense of driving on a suspended or revoked license and unauthorized use of a motor vehicle and sentenced to five years for unauthorized use and 12 months for driving while suspended. Defendant appealed.

If you are facing a traffic case in Henrico, 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:
  • Evidence of other crimes may be admissible if introduced to prove an element of the offense charged, or to prove any number of relevant facts, such as motive, intent, agency, or knowledge. Other crimes evidence may also be admissible when the charged crime is part of a general scheme and proof of that fact is relevant to prove an element of the offense, or to prove or explain how the crime was accomplished.
  • It is well settled that evidence of other crimes or bad acts of an accused is generally inadmissible in a criminal prosecution. The purpose of this rule is to prevent confusion of offenses, unfair surprise to the defendant and a suggestion of criminal propensity, thus preserving the presumption of innocence.
  • A nonconstitutional error is harmless if it plainly appears from the record and the evidence given at trial that the error did not affect the verdict. An error does not affect a verdict if a reviewing court can conclude, without usurping the jury’s fact finding function, that had the error not occurred, the verdict would have been the same.

Traffic Case – Virginia Attorneys

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Henrico Virginia Hit Run Property Damage Charge

03 Friday Jan 2014

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Virginia Hit And Run Property Damage Charge – Virginia Lawyers

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Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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Walter v. Commonwealth

Facts:

The driver sued by the passengers pled guilty to felony hit and run. The contribution statute, Va. Code Ann. § 8.01-34, was in derogation of the common law and had to be strictly construed. Assuming, without deciding, that felony hit and run, under Va. Code Ann. § 46.2-894, was a crime involving moral turpitude, the actions of the driver which raised his conduct to one involving moral turpitude occurred after the vehicles collided, and the passengers were injured and also caused damage to the property. Rather than finding that all of the driver’s actions, from driving to leaving the scene, were one continuous course of conduct, it was better to let the trier of fact decide if the driver’s conduct involved moral turpitude. The driver did not have to be at fault in causing the accident to be guilty of hit and run.

If you are facing a criminal case in Henrico, 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:
  • A person does not have to be at fault in causing an accident to be guilty of hit and run. The moral turpitude in hit and run, excluding contribution under Va. Code Ann. § 8.01-34, is mutually exclusive from a defendant’s allegedly negligent driving that resulted in the accident.
  • It is clear that under Va. Code Ann. § 8.01-34 contribution lies when the negligence of two or more wrongdoers (joint tortfeasors) cause an indivisible injury to one person. Contribution is available when the wrong results from negligence and involves no moral turpitude.

Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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Driving Revoked License Henrico Virginia

03 Friday Jan 2014

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Driving On A Revoked License – Virginia Lawyers

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Driving On A Revoked License – Attorneys In Virginia

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Warner v. Commonwealth

Facts:

A state trooper stopped defendant and charged him with reckless driving, DUI, having improper registration, and driving on revoked license. In district court, defendant was convicted of improper registration, DUI, and driving revoked. The conviction for improper registration had become final, and the DUI and driving revoked convictions were appealed. Defendant filed a motion to dismiss charges against him for driving under the influence of alcohol (DUI) and driving while his license was revoked or suspended (driving revoked).

If you are facing a traffic case in Henrico, 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. § 19.2-294.1 is, by its terms, narrow in scope. The Virginia General Assembly did not intend for a single driving incident to give rise to only a single traffic conviction, regardless of how many statutes are violated, unless the statutes violated are those proscribing driving under the influence of alcohol and reckless driving.
  • Whenever any person is charged with a violation of § 18.2-266 [the drunk driving statute]… and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.

Driving On A Revoked License – Attorneys In Virginia

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Henrico Virginia State Law 46.2 862

03 Friday Jan 2014

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State Law 46.2 862 Charge – Virginia Lawyers

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State Law 46.2 862 defense in Virginia

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Commonwealth v. Smith

Facts:

Defendant appealed her conviction by the Circuit Court of Henrico (Virginia) of reckless driving by speeding 70 miles per hour in a 45 miles-per-hour zone in Virginia State under Virginia Code Ann. § 46.2-862, following the denial of her motion to strike the evidence obtained by pacing to prove her speed, alleging that pacing as per law was not a method for determining speed listed in Va. Code Ann. § 46.2-882.

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:
  • Va. Code Ann. § 46.2-882 is a statute permitting the admissibility of evidence. It is not a statute of exclusion. It sanctions four types of scientific evidence that determine speed by eliminating the need to prove that the underlying scientific principle or technique of the measuring device is reliable.
  • Nothing in Va. Code Ann. § 46.2-882 suggests it is meant to limit the means for proving speed. The statute itself states that speed “may” be determined by the enumerated means. “The word “may” is prima facie permissive, importing discretion, but the courts construe it to be mandatory when it is necessary to accomplish the manifest purpose of the Virginia legislature. Even lay witness testimony has always been an acceptable method of the speed of a car. The statute does not prevent the Commonwealth from proving a vehicle’s speed by other methods.
  • One of the easiest methods of proving a vehicle’s speed is by pacing. This involves accurately determining the speed of one vehicle while proceeding at a constant distance from a second vehicle. If the distance between the two vehicles remains constant, the speed of the second vehicle must be the same as the known speed of the first vehicle. Va. Code Ann. § 46.2-942 clearly contemplates the use of pacing as a method of determining a vehicle’s speed by authorizing the admission of calibration tests to prove the accuracy of an arresting officer’s speedometer.

State Law 46.2 862 defense in Virginia

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Police Prove Passed School Bus Henrico Virginia

03 Friday Jan 2014

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How would the Police Prove I Passed A School Bus – Virginia Lawyers

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How would the Police Prove I Passed A School Bus – Attorneys In Virginia

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Kenith v. Commonwealth

Facts:

Appellant challenged his conviction of involuntary manslaughter in the operation of a motor vehicle in violation of Va. Code Ann. §§ 18.2-30, 18.2-36, entered in the Circuit Court of Henrico (Virginia), claiming the evidence was insufficient to convict him of the offense for which he had been detained by the police. The Commonwealth was able to prove that if the appellant’s attention were not diverted, he would have seen the school bus signs and flashing lights before he passed it. Judgment affirmed.

If you are facing a criminal case in Henrico, 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 considering the sufficiency of the evidence, appellate courts examine the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The judgment of a trial court will be disturbed only if plainly wrong or without evidence to support it
  • Criminal negligence is the basis for involuntary manslaughter and has been defined as acting consciously in disregard of another person’s rights or acting with reckless indifference to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another.
  • A defendant accused of criminal negligence must have had prior knowledge of specific conditions that would likely cause injury to others.

How would the Police Prove I Passed A School Bus – Attorneys In Virginia

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Henrico Virginia 46.2-862

03 Friday Jan 2014

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46.2-862 Charge Of Reckless Driving – Virginia Lawyers

If you are dealing with a 46.2-862 Charge Of Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-862 Charge Of Reckless Driving defense in Virginia

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James Peter v. Commonwealth

Facts:

Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone. Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fines and costs and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and reckless driving. On review, the court disagreed holding that defendant’s argument required that he be charged with and convicted of reckless driving. The court stated that speeding was a traffic infraction and reckless driving was a misdemeanor. In addition, the court determined that § 19.2-294.1 only applied if defendant was charged with driving under the influence and reckless driving. The court held that where the evidence supported prosecution under two parallel statutes, the Commonwealth had the right to elect under which statute to proceed.

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:

  • Under Va. Code Ann. § 16.1-69.40:1, it is not possible for a defendant to prepay the fine for a reckless driving charge as it is expressly forbidden by Va. Code Ann. § 16.1-69.40:1(d).
  • Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.

46.2-862 Charge Of Reckless Driving defense in Virginia

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