Reckless Driving Virginia Attorney Cost

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Hall v. Commonwealth

Facts:

Defendant and the State submitted arguments against and for conviction in the prosecution of defendant on the charge of driving under the influence (DUI) that was brought subsequent to his conviction for manslaughter arising from the same facts under which the DUI charge was being prosecuted and reckless driving Virginia Attorney Cost

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Holdings:

The Virginia Court made the following holding:

· The test of the identity of the acts or offenses is whether the same evidence is required to sustain them; if not, then the fact that several charges grow out of the one transaction does not make a single act or offense where two separate acts or offenses are defined by statute. The offense of driving while under the influence is not similar to the crime of manslaughter, neither is it a lessor included offense. The two crimes are entirely separate in fact, as well as in contemplation of the law of Virginia. The prohibition of the ancient principle of the common law and the constitutional provisions declaratory thereof, against a second jeopardy, apply only to a second prosecution for the identical act and crime both in law and fact for which the first prosecution was instituted. In determining whether both indictments charge the same offense the test generally applied is that when the facts necessary to convict on the second prosecution would necessarily have convicted on the first, a final judgment on the first prosecution will be a bar to the second, but if the facts which will convict on the second prosecution would not necessarily have convicted on the first, then the first will not be a bar to the second, although the offenses charged may have been committed by the same state of facts.

Reckless Driving Virginia Attorney Cost

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