Dismissal Smyth Virginia Speeding Ticket

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 Smyth 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.
If you are facing a traffic case in Smyth, 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 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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Article written by A Sris
Sris Law Group
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Traffic Lawyer Smyth Virginia

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 Smyth 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 Smyth, 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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Smyth Virginia Hit Run Property Damage Charge

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 Smyth, 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 Smyth Virginia

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 Smyth, 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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Sris Law Group
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Police Prove Passed School Bus Smyth Virginia

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 Smyth (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 Smyth, 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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Penalty Driving Suspended License Smyth Virginia

Penalty For Driving On A Suspended License – Virginia Lawyers

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Penalty For Driving On A Suspended License – Attorneys In Virginia

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Jessica v. Commonwealth

Facts:

The petitioner filed for restoration of her operator’s license, alleging that her status as a habitual offender was based on her predicate convictions for driving on a suspended license resulting from failure to pay fines and costs as penalty for her driving offense. The prosecution asserted that petitioner was ineligible for reinstatement of her driving privileges under Va. Code § 46.2-361(B).

If you are facing a traffic case in Smyth, 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 a person has been adjudged an habitual offender based solely upon convictions of driving on a suspended license for failure to pay fines and costs, or failure to provide proof of financial responsibility, that person may petition the court at any time for restoration of his or her license upon proof that all outstanding fines and costs have been paid or that proof of financial responsibility has been furnished. In other words, there is no mandatory waiting period.
  • A suspension of a driver’s license under Va. Code § 46.2-706 or Va. Code § 46.2-390.1 is not one of those suspensions which, when it is a basis of predicate convictions, enables a person to seek restoration upon payment of all fines and costs.

Penalty For Driving On A Suspended License – Attorneys In Virginia

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Article written by A Sris
Sris Law Group
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