Virginia Reckless Driving & Traffic Laws

Virginia Driving Under Influence Fairfax Lawyers Alcohol

Below is a sample case of traffic violation in Virginia as interpreted by a lawyer in our firm.

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Stephenson v. Commonwealth

Facts:

Defendant was charged in Fairfax with driving his vehicle while under the influence (DUI) of alcohol, possession of a weapon as a felon and possession of illegal drugs. He filed a pretrial motion to suppress certain incriminating evidence challenging their admissibility.

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Holdings:

The Virginia Court made the following holding:

• When weighing the evidence, the fact finder is not required to accept entirely either the Commonwealth's or the defendant's account of the facts, but may reject that which it finds implausible, and accept other parts which it finds to be believable
• For the crime of driving under the influence to be committed in the then-and-there presence of an arresting officer, the officer must either see or hear the accused actually driving or operating the vehicle. In addition, the presence requirement focuses only on the specific arresting officer. No police team approach can used to combine various officers' collective perceptions for purposes of an aggregate presence. A misdemeanor committed in one officer's presence, therefore, cannot be imputed to another officer, who actually makes the arrest, simply by relaying to him the relevant information.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

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

Our law firm has the necessary experience to assist you with this matter. We will do our absolute best to help you get the best result possible based on the facts of your case.


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.