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Marion Virginia Gloucester Reckless Driving Lawyers

12 Sunday Jan 2014

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

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Marion Virginia Reckless Driving Charge – Virginia Lawyers

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

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

Marion Virginia Reckless Driving Charge

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.

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

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

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