“Therefore, it is my holding that if the defendant proves his first offense was uncounseled then the burden of going forward with the evidence will be upon the Commonwealth to show either that counsel was appointed, was waived or was unnecessary. To establish that counsel was unnecessary the Commonwealth should: (1) Establish the nature of the offense charged. If a traffic law infraction, such as driving under the influence with a clearly admissible blood test or overwhelming evidence of intoxication, it should/not be considered particularly complex in the absence of unusual evidence questions, the burden of establishing this would be upon the defendant (2) The seriousness of the offense for which the conviction is obtained. The fact that the first conviction could not have involved more than a six months’ sentence and very rarely ever result in any sentence should mitigate against appointing a lawyer. There should be some evidence establishing the lack of jail time on the first offense DUI. (3) The factors peculiar to the particular case, including the intelligence, experience and education of the individual defendant, and the community attitude toward the defendant or the incident, which might indicate that it was an aggravated case.” Prior Uncounseled DUI Convictions as a Basis for Prosecution for Second offenses of DUI, Not Reported in S.E.2d, 1982 WL 215268 Va.Cir.Ct. 1982.

Need help with any type of traffic ticket or speeding ticket case in Chesapeake, Virginia? The SRIS, P.C. Chesapeake traffic ticket lawyers can assist you with any type of traffic ticket or speeding ticket in Chesapeake, Virginia. A SRIS, P.C. Chesapeake traffic ticket attorney will discuss the facts of your case and advise you about your options. Many of the SRIS, P.C. Chesapeake traffic ticket attorneys are former prosecutors. The SRIS, P.C. traffic lawyers also assist clients with reckless driving tickets, driving on suspended tickets, etc… in Chesapeake, Virginia.

SRIS, P.C.
4008 Williamsburg Court
Fairfax, Virginia 22032
(703) 278-0405
1.888.437.7747

Chesapeake Virginia Traffic Ticket Speeding Ticket Reckless Driving