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Bronzed Scales with Eagle Finial on Marble Base

The Scales of Justice has been the symbol of equality for ages. This bronzed scales of justice is a simple yet elegant piece. A wonderful gift for lawyers, this legal sculpture is a lawyer collectible and can be placed anywhere in the office, at home or in the library.

Height: 12 1/2″
Width: 10 1/2″
Diameter: 4″

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Commonwealth v. Dipietro

CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA

2009 Va. Cir. LEXIS 67

Significantly, at no point prior to trial was a new warrant issued by the General District Court in accordance with the procedures described in Virginia Code Section 16.1-129.2. He appeals his conviction to the Circuit Court.

Is the offense of Failure to Give Full Time and Attention a lesser included offense of Improper Lane Change?

Was the defendant implicitly acquitted in the General District Court of the offense with which he was originally charged?

The court determined that the principle that conviction in district court for an offense lesser included in the one charged constituted an acquittal of the greater offense applied with equal force where defendant was charged with, and tried upon, one offense but convicted of another offense. The defendant could not be tried on the new offense for the reason that there was no charging instrument properly before the circuit court upon which the defendant could be tried. While both the underlying charge and the ultimate offense of conviction involved driving offenses, neither was a lesser-included offense of the other. Thus, a court could not refer back to the original underlying charge and see within it the elements of the offense of conviction on appeal.

Was the defendant implicitly acquitted in the General District Court of the offense with which he was originally charged?

When it amended the warrant from DUI to reckless driving, the District Court changed the nature and character of the offense. Reckless driving is not a lesser included offense of DUI. It is instead a separate and distinct crime. Without the issuance of a new warrant, the Defendant could not be tried or found guilty of reckless driving. Once the District Court heard the evidence in the DUI case and amended the warrant in order to find the Defendant guilty of reckless driving, that finding necessarily constituted an acquittal of the DUI charge. Accordingly, the current charge against the defendant now on appeal is dismissed.

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.

Originally published here.