Archive for May, 2011
DUI Driver Tells Her Story.wmv
May 28th, 2011 | 
Author: Woman tells her DUI story to young drivers in Blacksburg and to CBS-TV6. Using the Virginia State Police DUI simulator and Drunk Buster goggles, Trooper Allen Mann lets the students visually see the dangers of driving under the influence of drugs and alcohol. Video credit: www.wtvr.com
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Virginia Alexandria City Driving Under Influence Convicted Felony Offense Lawyers Attorneys
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Virginia Alexandria City Driving Under Influence Convicted Felony Offense Lawyers Attorneys
By: Atchuthan Sriskandarajah
Posted: Oct 15, 2010
FREDERICK C. MWANGI v. COMMONWEALTH OF VIRGINIA
SUPREME COURT OF VIRGINIA
February 27, 2009, Decided
Frederick C. Mwangi was tried without a jury in the Circuit Court of the City of Alexandria. The court found him guilty of driving under the influence (DUI), in violation of Code § 18.2-266. Mwangi, found to have been convicted of DUI twice before within a five-year period, was sentenced, in accordance with Code § 18.2-270(C)(1), to two years in prison with all but six months suspended. Mwangi appealed his conviction to the Court of Appeals of Virginia. The Court of Appeals affirmed Mwangi’s conviction.
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Issue:
Whether the Court of Appeals erred in affirming a conviction for driving under the influence, third offense?
Discussion:
The Court concludes that the trial court erred in holding that the evidence was sufficient to prove the prior DUI conviction in Alexandria, which is an element of the felony offense described in Code § 18.2-270(C)(1). While the DMV transcript was admissible in evidence to prove prior convictions, the Commonwealth’s Exhibit 3 rebutted the evidence as to the Alexandria conviction. The Commonwealth, therefore, failed to prove that Mwangi had been twice before convicted of DUI. It follows, then, that the Court of Appeals erred in affirming Mwangi’s conviction. Accordingly, this Court reverse the judgment of the Court of Appeals, vacate the trial court’s judgment, and remand the case to the Court of Appeals with direction that the Court of Appeals remand the case to the trial court for a new trial on the lesser-included misdemeanor charge if the Commonwealth be so advised.
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
Atchuthan Sriskandarajah – About the Author:
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.
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Article Tags:
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Originally published here.
Denn court-martial date set
MARINE CORPS AIR STATION CHERRY POINT, N.C. – The date is set for the court-martial of the former commander at Cherry Point.
Published May 26, 2011.
Read more: WNCT Greenville
