Gloucester Virginia 82-1-6 / 46.2-852 Penalty

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82-1-6 / 46.2-852 Penalty – Virginia Lawyers

If you are concerned about a 82-1-6 / 46.2-852 Penalty In Virginia, contact our law firm immediately for help.

82-1-6 / 46.2-852 Penalty – Attorneys 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.

Block v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Gloucester (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively and also impose penalty for driving offense, contending that the evidence was insufficient to support the convictions.

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. § 46.2-852 provides, in part, that any person who drives a vehicle on any highway recklessly or at a speed in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving. Va. Code Ann. § 46.2-852. The word “recklessly” as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Thus, the mere happening of an accident does not give rise to an inference of reckless driving. To convict, the Commonwealth of Virginia must prove every essential element of the offense beyond a reasonable doubt, with evidence which excludes every reasonable hypothesis of innocence and consistent only with guilt.
• Reckless driving is not a status offense, and a defendant cannot be convicted upon speculation and conjecture as to what caused him to lose control of the car.

82-1-6 / 46.2-852 Penalty – Attorneys In Virginia

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Gloucester Virginia Traffic Code 46.2-862

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Concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge – Virginia Lawyers

If you are concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge, contact our law firm immediately for help.

Concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge – Attorneys In Virginia

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Greet v. Commonwealth

Facts:

A jury in the Circuit Court of Gloucester County (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed. Defendant argued that the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Va. Code Ann. § 46.2-869, was a lesser-included offense of reckless driving by speed. The appellate court disagreed. Improper driving was not a lesser-included offense of reckless driving by speed. Every commission of reckless driving by speed did not also constitute improper driving. In addition, improper driving was not composed entirely of the elements of reckless driving by speed. Improper driving required an additional finding of slight culpability, an element excluded from § 46.2-862.

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:

• A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.
• For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

Concerned about the punishment for a Virginia Traffic Code 46.2-862 Charge – Attorneys In Virginia

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Virginia Gloucester Reckless Driving Speeding Misdemeanor

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Reckless Driving Speeding Misdemeanor – Virginia Lawyers

If you are dealing with a Reckless Driving Speeding Misdemeanor charge in Virginia, contact our law firm immediately for help.

Reckless Driving Speeding Misdemeanor defense in Virginia

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Gloucester Lawyers Violation Code 18.2-266

Dillon v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Gloucester (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. Defendant contended that the lower court was required to dismiss the DUI charge because he had already pled guilty and been convicted of an offense that was by statute deemed reckless driving. The court disagreed and held that reckless driving and speeding were separate and distinct offenses.

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:

• Reckless driving is chargeable and punishable under the provisions of Article 7 in the Motor Vehicle Code chapter on the regulation of traffic. Reckless driving is a Class 1 misdemeanor, Va. Code Ann. § 46.2-868, carrying with it the potential for a twelve month jail sentence and a fine of not more than $ 2,500 under Va. Code Ann. § 18.2-1(a).
• Under the express provisions of Va. Code Ann. § 19.2-294.1, only a conviction for reckless driving bars a prosecution for DUI. A conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.

Reckless Driving Speeding Misdemeanor defense in Virginia

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Sris Law Group
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Gloucester Reckless Driving Traffic Ticket Virginia

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Reckless Driving Traffic Ticket – Virginia Lawyers

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Reckless Driving Traffic Ticket – Attorneys In Virginia

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Gloucester v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Gloucester (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course of driving. He asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction for reckless driving.

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. § 19.2-294.1 provides that whenever any person is charged with driving under the influence of alcohol and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.
• Reckless driving is chargeable and punishable under the provisions of Article 7 in the Motor Vehicle Code chapter on the regulation of traffic. Traffic ticket for Reckless driving is a Class 1 misdemeanor, Va. Code Ann. § 46.2-868, carrying with it the potential for a twelve month jail sentence and a fine of not more than $ 2,500 under Va. Code Ann. § 18.2-1(a)..

Reckless Driving Traffic Ticket – Attorneys In Virginia

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Court Appeal Gloucester Reckless Driving Virginia

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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.

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Court Appeal Of A Reckless Driving charge in Virginia

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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

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Drivers License Lawyers Gloucester Virginia

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Drivers License – Virginia Lawyers

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Drivers License Charge – Attorneys In Virginia

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White v. Commonwealth

Facts:

Appellant drivers challenged orders of the Circuit Court of Gloucester County (Virginia), which held that it did not have jurisdiction to review the suspension of their driver’s licenses for seven days, pursuant to Va. Code Ann. § 46.2-391.2, after the drivers were arrested for driving while intoxicated..

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. § 46.2-391.2(A) requires the automatic seven-day suspension of the driver’s license of any person arrested for driving while intoxicated if the driver fails a breath test administered pursuant to Va. Code Ann. § 18.2-268.2, or any person who refuses to take a breath test as required by Va. Code Ann. § 18.2-268.3. When the driver either fails the breath test or refuses to take it, he or she is taken before a magistrate and a warrant is issued for the driver’s arrest. Upon issuance of the warrant, the magistrate automatically suspends the accused’s driving privilege for seven days pursuant to Va. Code Ann. § 46.2-391.2. Any person whose license or privilege to operate a motor vehicle has been suspended may, during the period of the suspension, request the general district court of the jurisdiction in which the arrest was made to review that suspension. Va. Code Ann. § 46.2-391.2(C).

Drivers License Charge – Attorneys In Virginia

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Virginia Gloucester Reckless Driving Speeding Misdemeanor

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Reckless Driving Speeding Misdemeanor – Virginia Lawyers

If you are dealing with a Reckless Driving Speeding Misdemeanor charge in Virginia, contact our law firm immediately for help.

Reckless Driving Speeding Misdemeanor defense in Virginia

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Gloucester Lawyers Violation Code 18.2-266

Dillon v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Gloucester (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. Defendant contended that the lower court was required to dismiss the DUI charge because he had already pled guilty and been convicted of an offense that was by statute deemed reckless driving. The court disagreed and held that reckless driving and speeding were separate and distinct offenses.

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:

• Reckless driving is chargeable and punishable under the provisions of Article 7 in the Motor Vehicle Code chapter on the regulation of traffic. Reckless driving is a Class 1 misdemeanor, Va. Code Ann. § 46.2-868, carrying with it the potential for a twelve month jail sentence and a fine of not more than $ 2,500 under Va. Code Ann. § 18.2-1(a).
• Under the express provisions of Va. Code Ann. § 19.2-294.1, only a conviction for reckless driving bars a prosecution for DUI. A conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.

Reckless Driving Speeding Misdemeanor defense 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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Marion Virginia Gloucester Reckless Driving Lawyers

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Marion Virginia Reckless Driving Charge – Virginia Lawyers

There are many different penalties for a Marion Virginia Reckless Driving Charge.

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Marion Virginia Reckless Driving Charge

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Williams v. Commonwealth

Facts:

Williams was driving on a highway in Marion, in excess of eighty miles per hour. As a result, Williams was issued a summons for reckless driving by speed. A jury in the Circuit Court of Gloucester (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed.

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:

• For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
• Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.

Marion Virginia Reckless Driving Charge

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Article written by A Sris
Sris Law Group
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Reckless Driving Gloucester Virginia

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Reckless Driving Charge – Virginia Lawyers

There are many different penalties for a Reckless Driving charge in Virginia.

If you are dealing with a Reckless Driving charge in Virginia, contact our law firm immediately for help.

Reckless Driving charge in Virginia

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Swann v. Commonwealth

Facts:

A police officer observed defendant throwing something from his window and operating his vehicle erratically. The police officer stopped defendant’s vehicle, smelled a slight odor of alcohol, gave a field sobriety test, and then decided to issue a summons for reckless driving. After so informing the driver, he made a protective sweep of the vehicle in order to determine if any weapons were present, during which he found heroin. The court held that the officer had probable cause to arrest defendant for reckless driving committed in his presence. Once an officer made a lawful custodial arrest of the occupant of an automobile, he was authorized to search the vehicle’s passenger compartment.

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:

• The summons is a post-arrest document which facilitates prompt release upon a promise to reappear. It shortcuts the requirement that the accused be returned before the issuing authority for the purpose of setting bail, thus minimizing imposition and inconvenience both to the accused and to the arresting officer. The position in the structure of arrest is borne out by the language of the statutes authorizing arrest and the language of Va. Code Ann. § 46.2-936. Section 46.2-936 applies when an accused is detained by or in the custody of an arresting officer and refers specifically to an arrest on a warrant. The seizure of the person and the lodging of a charge against him comprise the arrest. The accomplishment of these acts brings into consideration the issuance of a summons. The summons is thereafter prepared and issued.
• Va. Code Ann. § 46.2-936 provides that whenever any person is detained by or in the custody of an arresting officer, after issuing a summons, the officer shall forthwith release him from custody.

Reckless Driving charge in Virginia

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Reckless Driving Security Clearance Gloucester Virginia

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Reckless Driving charge and its impact on your security clearance – Virginia Lawyers

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Reckless Driving charge and its impact on your security clearance defense in Virginia

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Tommy v. Commonwealth

Facts:

Defendant had pulled into a rest stop after a security clearance from a building to take a nap 15 minutes before his vehicle ran off the road. He informed police he did not remember why he ran off the road. The police testified there were no skid marks and no evidence of braking at the scene. At his trial for reckless driving, defendant stated that he previously had problems with control because of his tire combination and his vehicle was driven off the road by wind caused by a passing truck. The trial court convicted defendant of reckless driving.

If you are facing a traffic case in 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:

• The essence of the offense of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.
• To fall asleep while operating an automobile manifests a disregard by the driver for the consequences of his act and an indifference to life, limb or property sufficient to find the operator guilty of the offense of reckless driving.
• The driver of a vehicle has a duty to use ordinary care to keep his vehicle under proper control.

Reckless Driving charge and its impact on your security clearance defense in Virginia

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Sris Law Group
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