Tag Archives: Criminal Case

Using Radar Defense With Lidar Charles City Virginia

09 Thursday Jan 2014

Posted by in Charles City Virginia Reckless Driving Laws

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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.

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.

Using Radar Defense With Lidar Richmond Lawyers Virginia Felony Motor Vehicle

Michael v. Commonwealth

Facts:

Appeal from an order of the Circuit Court of Charles City (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 Charles City, 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.

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
1-804-201-9009

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Charles City Virginia Hit Run Property Damage Charge

09 Thursday Jan 2014

Posted by in Charles City Virginia Reckless Driving Laws

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Virginia Hit And Run Property Damage Charge – Virginia Lawyers

If you are concerned about a Virginia Hit And Run Property Damage Charge, contact our law firm immediately for help.

Virginia Hit And Run Property Damage Charge – Virginia Attorneys

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.

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 Charles City, 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

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
1-804-201-9009

Police Prove Passed School Bus Charles City Virginia

09 Thursday Jan 2014

Posted by in Charles City Virginia Reckless Driving Laws

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

If you are concerned about How would the Police Prove I Passed A School Bus In Virginia, contact our law firm immediately for help.

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 Charles City (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 Charles City, 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

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
1-804-201-9009

Virginia State Law Charles City Reckless Driving

09 Thursday Jan 2014

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Reckless Driving State Law – Virginia Lawyers

If you have been charged with a violation of reckless driving state law in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Reckless driving state law 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.

Shawn v. Commonwealth

Facts:

The driver of a car was killed when it was struck by a police cruiser during a high-speed chase to apprehend defendant. The Court of Appeals of Virginia State affirmed defendant’s conviction for involuntary manslaughter. The present court awarded defendant an appeal, in which he argued that there was insufficient evidence to support his conviction. Since defendant had not assigned error to the Court of Appeals’ holding that his driving conduct was criminally negligent, that holding was binding on appeal. Proximate causation was the only remaining issue. Because defendant’s actions put into operation the high-speed chase, the officer’s intervening actions were not a superseding cause that alone caused the driver’s death

If you are facing a criminal case in Charles City, 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 Supreme Court of Virginia has defined criminal negligence with reference to gross negligence. Gross negligence is punishable as criminal negligence when acts of a wanton or willful character, committed or omitted, show a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts. To convict a defendant of involuntary manslaughter based on such acts of criminal negligence, the Commonwealth must also prove that the defendant’s criminally negligent conduct was a proximate cause of the victim’s death
  • When a defendant challenges the sufficiency of the evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and the appellate court accords the Commonwealth the benefit of all reasonable inferences deducible from the evidence.

Reckless driving state law 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
1-804-201-9009