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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

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.

Mark v. Commonwealth

Facts:

Defendant driver sought review of a judgment of the Circuit Court of James City (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.

If you are facing a criminal case in James 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:
  • 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.

Virginia Driving On Suspended Charge with 10 day jail sentence defense – Virginia Lawyers

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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