Virginia Beach Eluding Officer Attorneys Statutes Endanger Code 46.2-817(B)
Virginia Beach Eluding Officer Attorneys Statutes Endanger Code 46.2-817(B)
Stephen v. Commonwealth
Facts:
Defendant appealed a judgment of the Circuit Court of Virginia Beach, which was entered after a jury convicted defendant for feloniously eluding a police officer under Va. Code Ann. § 46.2-817(B). The trial court denied a post-trial motion to dismiss on grounds of double jeopardy and Va. Code Ann. § 19.2-294.
If you are facing a traffic case in Virginia Beach, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Virginia Beach Eluding Officer Attorneys Statutes Endanger Code 46.2-817(B)
Holdings:
The Virginia Court made the following holding:
- Va. Code Ann. § 19.2-294 provides in part 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. This statute prohibits multiple convictions for separate offenses arising out of the same act if the convictions are obtained in successive, as opposed to simultaneous, prosecutions.
- When prosecuting a defendant for violating Va. Code Ann. § 46.2-817(B), the Commonwealth has to establish that (1) the defendant received a visible or audible signal to stop his motor vehicle from a law enforcement officer; (2) the defendant drove his motor vehicle in a willful and wanton disregard of such signal; and (3) the defendant drove in a manner so as to interfere with or endanger the officer’s vehicle or endanger a person.
- In explaining the endangerment of persons element of Va. Code Ann. § 46.2-817(B), the Court of Appeals of Virginia has explained: With respect to the endangerment of persons sufficient to constitute a felonious violation of § 46.2-817(B), a manifest purpose of the statute is to protect the public against a driver eluding police so as to endanger a person. Hence, conduct that raises the specter of endangerment is the evil contemplated and proscribed by the statute. To require the threat to be imminent would engraft an element to the offense, thereby permitting the dangerous operation of motor vehicles until a person is actually imperiled, an absurd result that subverts the salutary purposes of the statute.
The SRIS Law Group Virginia lawyers will do their best to help you with your traffic ticket. Contact a Virginia lawyer from our firm to discuss your traffic ticket.
A Virginia lawyer from our firm will talk with you about your traffic ticket 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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Virginia Beach Court House Detail:
Virginia Beach Circuit Court
2425 Nimmo Parkway
Building 10, 4th Floor,
Virginia Beach, VA 23456-9017
Virginia Beach General District Court
2425 Nimmo Parkway,
Virginia Beach, VA 23456-9057
Virginia Beach Juvenile and Domestic Relations District Court
2425 Nimmo Parkway, Building 10
Judicial Complex 10A,
Municipal Center
Virginia Beach, VA 23456
Article written by A Sris
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.
Virginia Beach Operating Motor Vehicle Intoxicants Lawyers Attorneys
James, Virginia Beach, was properly convicted of operating a motor vehicle on the highway while under the influence of intoxicants because there was no evidence that her manner of driving was caused by sickness or nervousness
One of the most frustrating things in Virginia is getting a traffic ticket in Virginia.
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Virginia Beach Virginia Driving Suspended License Lawyer Revoked License Attorneys
Virginia Beach Virginia Driving On Suspended License/Revoked License Lawyer
Driving with a suspended license is a serious criminal traffic violation in Virginia. If you are charged with driving with a suspended license in Virginia, you should immediately consult with a SRIS, P.C. Virginia Beach, Virginia driving on suspended license defense attorney.
In Virginia, it is against the law to drive when you driver’s license is suspended or revoked. Some of the acronyms for driving with a suspended license are DOS & DWS.
Driving when you don’t have a license is also against the law in Virginia. Especially if your right to apply for a license has been suspended or revoked.
A person who drives a motor vehicle in another state while their licenses is suspended or revoked in the state they originally obtained their license from may also be charged with a driving with a suspended or revoked license.
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If your license has been suspended in Virginia, then your right to drive is taken away for a period of time. An example of having your driver’s license suspended for one year in Virginia is if you have been convicted of driving while under the influence of intoxicants. Your suspension will end only after one year.
In Virginia, the law requires the Motor Vehicles Division to suspend or revoke a license for certain types of offenses such as a failure to pay fines or court costs. Also, the law authorizes judges in Virginia to suspend a license if it is related to a traffic offense conviction such as reckless driving in Virginia.
Your Virginia driver’s license can even be suspended for failure to obey a court order. An example of this is failing to pay fine ordered by the court or completing a program ordered by the court if it is driving related.
In Virginia, you are required to have car insurance and failure to provide the division of motor vehicles such proof can result in suspension of your license.
The Virginia Beach, Virginia traffic defense attorneys at SRIS, P.C. are very experienced at assisting clients who have been charged with a driving on suspended / revoked or no operator’s license. Please call us at 888-437-7747 or contact us via our on line form if you wish further assistance.
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Please click on attorneys to learn more about the Virginia Beach, Virginia traffic defense lawyers who assist clients with driving on suspended or revoked license charges in Virginia.
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