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Seeking Dismissal Of A Virginia Speeding Ticket – Virginia Lawyers
If you are seeking Dismissal Of A Virginia Speeding Ticket, contact our law firm immediately for help.
Dismissal Of A Virginia Speeding Ticket – Attorneys
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
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Warner v. Commonwealth
Facts:
The Commonwealth charged defendant with speeding under Caroline County, Va., Code § 82-4-10, which tracked the language of and
substance of the comparable Virginia Code Annotated provisions. Defendant stipulated the Commonwealth’s evidence was sufficient to convict him, but moved to dismiss
the § 82-4-10 charge because he was not provided an immediate hearing upon his request pursuant to Va. Code Ann. § 46.2-936. Section 46.2-936 provided that a person
issued a summons for a violation of the traffic code which was punishable as a misdemeanor had a right to an immediate hearing. Defendant requested such a hearing by
noting it on the Virginia Uniform Summons of which both he and the officer had copies. However, the speeding infraction was not punishable as a misdemeanor, and, even
if it had been, the remedy for violation of the rights under § 46.2-936 would not have been dismissal of the charge.
If you are facing a traffic case in Caroline, 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:
- A person issued a summons for a violation of the traffic code which is punishable as a misdemeanor has a right to an immediate hearing. Va. Code Ann. §
46.2-936. The remedy for violation of the rights under § 46.2-936 is not dismissal of the charge..
- Constitutional violations may well require dismissal of the charges for violations. However, Virginia law has consistently held that exclusion or dismissal
is not the remedy for violations of statutory rights.
Dismissal Of A Virginia Speeding Ticket – Attorneys
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
