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Court Appeal Of A Reckless Driving Charge – Virginia Lawyers
There are many different penalties for a Reckless Driving Charge In Virginia.
If you are dealing with a Court Appeal Of A Reckless Driving charge in Virginia, contact our law firm immediately for help.
Court Appeal Of A Reckless Driving charge in Virginia
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.
Luther Sr. v. Commonwealth
Facts:
Defendant was convicted for drunk driving and for reckless driving. On appeal, the court affirmed. The court held that the two convictions did not violate Va. Code Ann. § 19-232, which prohibited two convictions for the same act, because defendant was driving drunk and was driving recklessly, two acts that were not necessarily part and parcel of the same act. The court also held that the defendant could not challenge the trial court’s denial of the state’s motion to sever the charges because defendant did not object to the trial court’s ruling at the time it was entered. The court further held that defendant could not obtain a mistrial based on prejudicial testimony that defendant’s counsel elicited through questions on cross-examination.
If you are facing a traffic case in Gloucester, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Virginia Court made the following holding:
- Va. Code Ann. § 19-232 reads that if the same act be a violation of two or more statutes or of two or more municipal ordinances or of one or more statutes and also one or more ordinances, conviction under one of such statutes or ordinances shall be a bar to a prosecution or proceeding under the other or others. Furthermore, if the same act be a violation of both a State and a federal statute a prosecution or proceeding under the federal statute shall be a bar to a prosecution or proceeding under the State statute.
- It frequently has been held that reckless driving and driving while under the influence of intoxicants, where both are involved in the same occurrence, are separate acts and therefore constitute separate offenses, and the prosecution for one offense is no bar to a prosecution for that coupled with it.
Court Appeal Of A Reckless Driving charge in Virginia
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.
Article written by A Sris
Sris Law Group
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