Tag Archives: Reckless Driving In Virginia

Reckless Driving Gloucester Virginia

12 Sunday Jan 2014

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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

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

Gloucester Virginia 46.2-852 Reckless Driving

12 Sunday Jan 2014

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46.2-852 Reckless Driving – Virginia Lawyers

There are many different penalties for a 46.2-852 Reckless Driving charge in Virginia.

If you are dealing with 46.2-852 Reckless Driving in Virginia, contact our law firm immediately for help.

46.2-852 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.

Prince v. Commonwealth

Facts:

Defendant appealed from the judgment of the Circuit Court of the Gloucester (Virginia), which, after a bench trial, convicted her of reckless driving. The sole issue presented by the appeal was whether the evidence was sufficient to prove beyond a reasonable doubt that defendant drove a vehicle recklessly on a highway in violation of Va. Code Ann. § 46.2-852. The court found that the evidence was insufficient and reversed the conviction. The court held that under the facts shown by the record, the Commonwealth failed to prove beyond a reasonable doubt that defendant, who had fallen asleep at the wheel after drinking alcoholic beverages, was guilty of reckless driving in violation of § 46.2-852.

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 that, irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
  • The word “recklessly” as used in Va. Code Ann. § 46.2-852 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 of reckless driving lies not in the act of operating a vehicle, but in the manner and circumstances of its operation.

46.2-852 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

Virginia 46.2-862 Gloucester Reckless Driving

11 Saturday Jan 2014

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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

Reckless Driving In Gloucester Virginia

11 Saturday Jan 2014

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Reckless Driving In Virginia Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

White v. Commonwealth

Facts:

Defendant was convicted of eluding a police officer and driving while intoxicated. Defendant argued that his conviction for eluding a police officer constituted a conviction for reckless driving, thereby requiring the trial court, in obedience to Va. Code Ann. § 19.2-294.1, to have dismissed a driving while intoxicated charge against him which arose out of the “same acts.” On appeal, the court affirmed the convictions.

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:
  • Va. Code Ann. § 19.2-294.1 provides that whenever a person is charged with both reckless driving and driving while intoxicated “growing out of the same act or acts” and is convicted of one of the offenses, the trial court shall dismiss the remaining charge.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving In Virginia Out Of State Driver

11 Saturday Jan 2014

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Reckless Driving In Virginia Out Of State Driver Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

James v. Commonwealth

Facts:

Defendant sought review before the court after he was convicted on charges of reckless driving, driving on a suspended operator’s license, and speeding to elude, and he claimed that his rights under the Double Jeopardy Clause of U.S. Const. amend. V and Va. Code Ann. § 19.2-294 were violated when the driver was again tried in another court on identical charges brought by a different police officer of out of state.

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:
  • Va. Code Ann. § 19.2-294 reads that if the same act be a violation of two or more statutes, or of two or more 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 under the federal statute shall be a bar to a prosecution under the state statute.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving In Virginia Fine

11 Saturday Jan 2014

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Reckless Driving In Virginia Fine Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Willard v. Commonwealth

Facts:

Defendant was charged with driving under the influence of intoxicants and with speeding 55 miles per hour in a 25 mile per hour zone.  Both charges grew out of the same driving activity. Defendant prepaid the speeding charge and claimed that Va. Code Ann. § 46.2-862 converted his speeding charge to a reckless driving charge. Defendant alleged that he was convicted of speeding by virtue of this payment of the fine and cost and therefore he could not be prosecuted for the driving under the influence charge because Va. Code Ann. § 19.2-294.1 prevented dual convictions of driving under the influence and 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:
  • Va. Code Ann. § 19.2-294 states that if a defendant is charged with driving under the influence of intoxicants and with reckless driving and he is convicted of one of those charges, then the court shall dismiss the remaining charge. The purpose of § 19.2-294 is to prevent the conviction of two different class one misdemeanors arising out of the same driving acts, when one of the misdemeanors is driving under the influence of intoxicants and the other is reckless driving. Where the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving In Virginia Consequences

11 Saturday Jan 2014

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Reckless Driving In Virginia Consequences Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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 v. Commonwealth

Facts:

Defendant had pulled into a rest stop 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, consequences of wind caused by a passing truck, his tire combination and his vehicle was driven off the road. The trial court convicted defendant of reckless driving. On appeal, the court upheld the conviction..

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.
  • The mere happening of an accident does not give rise to an inference of reckless driving.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving Virginia Penalties

11 Saturday Jan 2014

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Reckless Driving Virginia Penalties Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Garret v. Commonwealth

Facts:

Defendant appealed the judgment of the trail court (Virginia), which convicted him of reckless driving in violation of Va. Code Ann. § 46.2-852. The trial court held that Va. Code Ann. § 46.2-920 did not protect defendant, a police officer, from criminal prosecution for conduct constituting reckless disregard for the safety of persons and property. The trial court refused to apply a “reasonable officer” standard and impose penalties for 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:
  • In enacting Va. Code Ann. § 46.2-920, the legislature balanced the need for prompt, effective action by law enforcement officers and other emergency vehicle operators with the safety of the motoring public. The purpose of § 46.2-920 is to give some leniency to the drivers of police, fire, and ambulance vehicles in certain emergency situations.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving In Virginia First Offense

11 Saturday Jan 2014

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Reckless Driving In Virginia First Offense Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Parker v. Commonwealth

Facts:

Defendant was convicted by the circuit court of first offense of 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 he appealed. The court reversed defendant’s convictions, holding that the essence of the offense of reckless driving under Va. Code Ann. 46.2-852, lied not in the act of operating a vehicle, but in the manner and circumstances of its operation..

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:
  • 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.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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

Gloucester Reckless Driving Ticket Virginia

11 Saturday Jan 2014

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Reckless Driving Ticket Virginia Gloucester

If you have been charged with a reckless driving ticket in Virginia and are concerned about the punishment you may be facing, then contact us for help.  We have defended many reckless driving tickets in Virginia and we can help you as well.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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.

Graham v. Commonwealth

Facts:

Defendant was charged with reckless driving under Va. Code Ann. § 46.2-852. He filed a motion in limine seeking to exclude any testimony concerning a preliminary breath test (PBT), or in the alternative, for an instruction with regard to the blood alcohol presumptions found in Va. Code Ann. § 18.2-269. The motion was denied by the trial court, Virginia. Defendant appealed his ticket for 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:
  • In the event the prosecution adduces evidence of a particular blood alcohol level to establish that an appellant was intoxicated and driving recklessly, the presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore, a jury instruction regarding the statutory presumptions of impairment at various levels should be granted to the party requesting it.

Contact our law firm today to speak with a lawyer today about your reckless driving ticket.  An attorney from our firm will do his best to help you.

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