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DUI First Offense Charge – Virginia Lawyers

There are many different penalties for a DUI First Offense charge in Virginia.

If you are dealing with a DUI First Offense in Virginia, contact our law firm immediately for help.

DUI First Offense 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.

Virginia DUI First Offense

Luther v. Commonwealth

Facts:

Defendant sought review of the judgment of the Circuit Court of Arlington (Virginia), which, pursuant to Va. Code Ann. §§ 18.2-266, -270, convicted him of second offense driving under the influence (DUI).

The court reversed the conviction and remanded the case. It determined that, pursuant to Va. Code Ann. § 18.2-270, the Commonwealth failed to prove beyond a reasonable doubt that the first offense occurred within ten years of the second offense because the circuit court could not take judicial notice of the date on which the first offense occurred

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:

  • Va. Code Ann. § 18.2-270 states in part that any person convicted of a second offense committed within a period of five to ten years of a first offense under Code § 18.2-266 shall be punishable by a fine of not less than $ 200 nor more than $ 2500 and by confinement in jail for not less than one month nor more than one year.
  • Courts may take judicial notice of facts commonly known from human experience, but facts which are not commonly known must be proved. The individual and extrajudicial knowledge of a judge cannot be used to dispense with proof of facts not properly the subject of judicial notice, and cannot be resorted to for the purpose of supplementing the record. A judge’s personal knowledge cannot be a basis of judicial notice, at least as to matters of fact.

DUI First Offense 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.

Article written by A Sris
Sris Law Group
1-703-278-0405

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