Virginia Hampton Suspended License Lawyer Evidence Code 46.2-352

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Bell v. Commonwealth

Facts:

The Commonwealth filed an information accompanied by a Virginia Department of Motor Vehicle (DMV) certificate and transcript of the driver’s record. The driver was served with an order to show cause why he should not be declared an habitual offender. At the show cause hearing, the Commonwealth introduced the certificate and the transcript, which included a conviction in a city in another state for driving on a revoked or suspended license. The driver contended that the evidence was insufficient to prove that he had the requisite three convictions to qualify him as an habitual offender.

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Virginia Hampton Suspended License Lawyer Evidence Code 46.2-352

Holdings:

The Virginia Court made the following holding:

• Prima facie evidence is evidence which on its first appearance is sufficient to raise a presumption of fact or establish the fact in question unless rebutted. It imports that the evidence produces for the time being a certain result, but that the result may be repelled. Although a respondent may present evidence that tends to rebut or refute a prima facie presumption of law that convictions are valid, nevertheless, that evidence must be weighed by the trier of fact to determine whether it overcomes the presumption. Evidence is required to overcome a presumption created by a statute. Thus, a respondent will be adjudicated an habitual offender unless he goes forward with evidence to refute the presumption that an essential fact proven by the Department of Motor Vehicles transcript is true. Va. Code Ann. § 46.2-352.
• It is within the province of the fact finder to evaluate the credibility of the witnesses and weight of the evidence. The determination that a party’s evidence is not credible or not sufficiently persuasive to overcome a prima facie presumption will not be overturned on appeal unless clearly wrong or unsupported by the record. Va. Code Ann. § 8.01-680.

 We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

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.

The SRIS Law Group Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Virginia lawyer from our firm to discuss your reckless driving ticket.

A Virginia lawyer from our firm will talk with you about your reckless driving ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Courts we cover in Hampton, Virginia

Hampton Circuit Court

P. O. Box 40,
101 King’s Way Mall,
Hampton, VA 23669-0040.

Hampton General District Court

P. O. Box 70,
236 North King Street,,
Hampton, VA 23669-0070.

Hampton Juvenile and Domestic Relations District Court

220 North King Street,
P. O. Box 69104,
Hampton, VA 23669-9404.

Article written by A Sris

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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.