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Dismissal Alexandria Virginia Speeding Ticket
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Seeking Dismissal Of A Virginia Speeding Ticket – Virginia Lawyers
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Dismissal Of A Virginia Speeding Ticket – Attorneys
The Commonwealth charged defendant with speeding under Alexandria 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.
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.
Using Radar Defense With Lidar Alexandria Virginia
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Using Radar Calibration Defense With Lidar – Virginia Lawyers
If you are dealing with a Lidar based charge in Virginia, contact our law firm immediately for help.
Using Radar Calibration Defense With Lidar In Virginia.
Using Radar Defense With Lidar Richmond Lawyers Virginia Felony Motor Vehicle
Michael v. Commonwealth
Appeal from an order of the Circuit Court of Alexandria (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.
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.
Alexandria Virginia School Bus Stop LawAlexandria Virginia School Bus Stop Law
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School Bus Stop Law Charge – Virginia Lawyers
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Virginia School Bus Stop Law Defense – Virginia Lawyers
Justin v. Commonwealth
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.
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.
Alexandria Virginia Driving On Suspended 10 Days Jail Offense
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Virginia Driving On Suspended Charge with a 10 day jail sentence – Virginia Lawyers
If you are concerned about a Virginia Driving On Suspended Charge with 10 day jail sentence in Virginia, contact our law firm immediately for help.
Virginia Driving On Suspended Charge with 10 day jail sentence defense – Virginia Lawyers
Mark v. Commonwealth
Defendant driver sought review of a judgment of the Circuit Court of Alexandria (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.
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.
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.