Driving Suspended License Virginia Arlington

Driving On Suspended License Charge – Virginia Lawyers

There are many different penalties for a Driving On Suspended License charge in Virginia.
If you are dealing with a Driving On Suspended License in Virginia, contact our law firm immediately for help.

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

Driving On Suspended License Defense 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.

Driving Suspended License Virginia Arlington
Driving Suspended License Virginia Arlington

Lamith v. Commonwealth

Facts:

Defendant was convicted of being an habitual offender under the Virginia Habitual Offender Act, which was based on a conviction of driving under the influence and two subsequent convictions of driving under the influence and driving on a suspended license. On appeal, defendant argued that his convictions for driving under the influence and driving on a suspended license arose out of but one act of driving and did not, therefore, result from “separate acts” as contemplated by the Act. The court affirmed the judgment, holding that because defendant could have been convicted of driving under the influence without evidence of the suspension of his driver’s license and he could have been convicted of driving on a suspended license without evidence of his intoxication, the act of driving an automobile on one occasion could give rise to several acts and offenses under the Act. The court further held that it was not the same act that gave rise to each violation of the two statutes under which defendant was convicted.
If you are facing a traffic case in Arlington, 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:

  • Under Va. Code Ann. § 46.1-387.2, an habitual offender is defined as one who, within a 10-year period, accumulates three or more convictions singularly or in combination, of the following separate and distinct offenses arising out of separate acts: driving or operating a motor vehicle while under the influence of intoxicants or drugs or driving a motor vehicle while his license, permit or privilege to drive a motor vehicle has been suspended or revoked.
  • Va. Code Ann. § 19.1-259 provides that if the same act be a violation of two or more statutes, conviction under one of such statutes shall be a bar to a prosecution or proceeding under the other or others. Under this provision, one occasion of driving an automobile may give rise to several acts and offenses and that the test of whether there are separate acts sustaining several offenses is whether the same evidence is required to sustain them.

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

Driving On Suspended License Defense 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.

Arlington Court House Detail:

Arlington Circuit Court

1425 North Courthouse Road,
Arlington, VA 22201.

Arlington General District Court

1425 North Courthouse Road,
Suite 2400, Second Floor,
Arlington, VA 22201.

Arlington Juvenile and Domestic Relations District Court

P. O. Box 925,
1425 North Courthouse Rd, Ste 4100,
Arlington County Justice Center,
Arlington, VA 22216.

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.