Gloucester Virginia Criminal Defense Lawyers

~ Assisting Clients with Criminal Charge In Gloucester Virginia – Call Us – 888 – 437 – 7747

Tag Archives: Inconvenience

Reckless Driving Gloucester Virginia

12 Sunday Jan 2014

Posted by Gloucester Virginia Criminal Defense Lawyer in Gloucester Virginia Reckless Driving Laws

≈ Comments Off on Reckless Driving Gloucester Virginia

Tags

888-437-7747, Custodial Arrest, Field Sobriety Test, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Inconvenience, Issuing Authority, Law Group, Necessary Experience, Occupant, Probable Cause, Reckless Driving Charge, Reckless Driving In Virginia, Traffic Case, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

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

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.

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

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
1-804-201-9009

Blog at WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy