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DUI Virginia Hanover Lawyer

If you have been charged with a DUI ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many DUI tickets in Virginia and we can help you as well.

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

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.

David v. Commonwealth

Facts:

Defendant was convicted in a bench trial of driving under the influence (DUI). On appeal, the court reversed defendant’s conviction and remanded for a new trial based on a finding that the trial court violated due process rights when it allowed the amendment of the warrant to allege a “second offense.” The court found manifest injustice because had the denial of due process not occurred, defendant, of necessity, would have received a more favorable result. Defendant was required to face a more serious charge in the circuit court as a result of exercising his statutory right to a trial de novo. The difference in penalty range made the charge “a more serious charge.”

If you are facing a traffic case in 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:
  • Since the fear of such vindictiveness may unconstitutionally deter a defendant’s exercise of the right to appeal due process also requires that a defendant be freed of apprehension of such a retaliatory motivation.
  • A person convicted of an offense is entitled to pursue his statutory right to a trial de novo, without apprehension that the state will retaliate by substituting a more serious charge for the original one, thus subjecting him to a significantly increased potential period of incarceration.

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

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.

A Sris
Sris Law Group
1-434-509-4004

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