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46.2-862 Reckless Driving – Virginia Lawyers
There are many different penalties for a 46.2-862 Reckless Driving charge in Virginia.
If you are dealing with a 46.2-862 Reckless Driving in Virginia, contact our law firm immediately for help.
46.2-862 Reckless Driving 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.
Virginia 46.2-862 Gloucester Reckless Driving Lawyers Speed Violation
Dania v. Commonwealth
Facts:
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. 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:
- 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.
46.2-862 Reckless Driving 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
1-804-201-9009
