Virginia Prince William DUI Conviction Attorneys Violated Code 18.2-266

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Brown v. Commonwealth

Facts:

Defendant was convicted of aggravated involuntary manslaughter and driving under the influence, in violation of §§ 18.2-36.1, 18.2-266 of the Code of Virginia. The court set aside the DUI conviction, holding that that it violated the double jeopardy provisions of §19.2-294 of the Code of Virginia.

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Virginia Prince William DUI Conviction Attorneys Violated Code 18.2-266

 Holdings:

The Virginia Court made the following holding:

• The Supreme Court of Virginia has found it unnecessary to apply the Blockburger test where the General Assembly has clearly intended to impose multiple punishments. Section 18.2-36.1 of the Code of Virginia refers to the driving under the influence statute, §18.2-266 of the Code of Virginia, but does not eliminate any sentencing authority under §18.2-266. Certainly if the legislature had intended for §18.2-36.1 of the Code of Virginia to eliminate any sentencing authority for driving under the influence it would have said so. It is clear that §18.2-266 of the Code of Virginia was considered by the General Assembly when §18.2-36.1 of the Code of Virginia was adopted because the driving under the influence statute is mentioned. Thus, because the General Assembly did not make §18.2-36.1 the exclusive punishment, the intention of the General Assembly clearly indicated its intent to impose multiple punishments.

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

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.

The SRIS Law Group Virginia lawyers will do their best to help you with your DUI. Contact a Virginia lawyer from our firm to discuss your DUI.

A Virginia lawyer from our firm will talk with you about your DUI in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

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Prince William Circuit Court

9311 Lee Avenue,
Manassas, VA 20110.

Prince William General District Court

9311 Lee Avenue,
Manassas, VA 20110-5586.

Prince William Juvenile and Domestic Relations District Court

9311 Lee Avenue,
Manassas, VA 20110-5555.

Article written by A Sris

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Disclaimer:

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.