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.

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

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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Gloucester Virginia 46.2-852 Reckless Driving

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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

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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

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Virginia 46.2-862 Gloucester Reckless Driving

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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

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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

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Gloucester Reckless Driving Virginia Penalties

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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.

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Sris Law Group
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Reckless Driving Gloucester Virginia Law 46.2-853

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving with faulty brakes charge of 46.2-853 in Virginia. If you have been charged with reckless driving with faulty brakes in Virginia, contact our law firm immediately for help.

Reckless Driving Faulty Brakes Defense In Gloucester Virginia

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VIRGINIA-RECKLESS DRIVING STATUTE § 46.2-853

Va Code § 46.2-853. Driving vehicle which is not under control; faulty brakes.

A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

Statute	Description	Penalty
Va Code 46.2-853	Any act of driving on highway when vehicle is not under proper control or with inadequate or improperly adjusted brakes	Class  1 misdemeanor.

Reckless Driving Faulty Brakes Defense In Gloucester Virginia

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Gloucester Reckless Driving Virginia Law 46.2-865

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving, racing charge of 46.2-865 in Gloucester Virginia.

If you have been charged with reckless driving, racing in Gloucester Virginia, contact our law firm immediately for help.

Reckless Driving, Racing In Gloucester Virginia

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GLOUCESTER VIRGINIA-RECKLESS DRIVING STATUTE 46.2-865

Va Code 46.2-865. Racing; penalty.

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of 46.2-398.

Statute	Description	Penalty
Va Code 46.2-865	On the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public, any act of engaging in a race between two or more motor vehiclesIt is not reckless driving when it is authorized by the owner of the property or his agent.	Class 1 misdemeanor.In addition, the driver’s license shall be suspended by the court for a period of not less than six months nor more than two years and the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of 46.2-398

Reckless Driving, Racing In Gloucester Virginia

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Gloucester Reckless Driving Virginia Law 46.2-852

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving general charge of 46.2-852 in Gloucester Virginia. If you have been charged with reckless driving general in Virginia, contact our law firm immediately for help.

Reckless Driving General Defense In Gloucester Virginia.

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GLOUCESTER VIRGINIA-RECKLESS DRIVING STATUTE 46.2-852

Va. Code Ann. 46.2-852

§ 46.2-852. Reckless driving; general rule

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.

GLOUCESTER VIRGINIA-RECKLESS DRIVING

Statute	Description	Penalty
Va Code 46.2-852	Any act of driving recklessly or speedily to endanger life, limb or property irrespective of the maximum speeds permitted by law	Class 1 misdemeanor.

Reckless Driving General Defense In Gloucester Virginia

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Reckless Driving Gloucester Virginia Law 46.2-860

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving failing to give proper signals charge of 46.2-860 in Gloucester Virginia.

If you have been charged with reckless driving for failing to give proper signals in Gloucester Virginia, contact our law firm immediately for help.

Reckless Driving Failing To Give Proper Signals Defense In Gloucester Virginia.

We will do our absolute best to help you get the best possible result based on the facts of your case.

GLOUCESTER VIRGINIA-RECKLESS DRIVING STATUTE 46.2-860

Va Code 46.2-860. Failing to give proper signals.

A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 ( 46.2-848 et seq.) of this chapter.

Statute	Description	Penalty
Va Code 46.2-860	Failing to give adequate and timely signals of intention to turn, partly turn, slow down, or stop as per Va Code 46.2-848.	Class 1 misdemeanor.

Reckless Driving Failing To Give Proper Signals Defense In Gloucester Virginia.

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Reckless Driving Gloucester Virginia Law 46.2-864

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving on parking lots charge of 46.2-864 in Gloucester Virginia.

If you have been charged with reckless driving on parking lots in Gloucester Virginia, contact our law firm immediately for help.

Reckless Driving On Parking Lots In Gloucester Virginia

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GLOUCESTER VIRGINIA-RECKLESS DRIVING STATUTE 46.2-864

Va Code 46.2-864. Reckless driving on parking lots, etc.

A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public.

Statute	Description	Penalty
Va Code 46.2-864	On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or industrial establishment providing parking space for customers, patrons, or employees; or on any highway under construction or not yet open to the public, any act of driving motor vehicle at a speed or in a manner endangering the life, limb, or property of any person.	Class 1 misdemeanor.

Reckless Driving On Parking Lots In Gloucester Virginia

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Gloucester Reckless Driving Virginia Law 46.2-859

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Reckless Driving Defense In Gloucester – Virginia Lawyers

There are many different penalties for a reckless driving passing a stopped school bus charge of 46.2-859 in Virginia.

If you have been charged with reckless driving for passing a stopped school bus in Gloucester Virginia, contact our law firm immediately for help.

Reckless Driving Passing A Stopped School Bus Defense In Gloucester Virginia

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GLOUCESTER VIRGINIA-RECKLESS DRIVING STATUTE 46.2-859

Va Code 46.2-859. Passing a stopped school bus; prima facie evidence.

A person driving a motor vehicle shall stop such vehicle when approaching, from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and shall remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion; any person violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in 46.2-1090 is prima facie evidence that the vehicle is a school bus.

Statute	Description	Penalty
Va code 46.2-859	In a highway, private road or school driveway where any school bus is stopped for the purpose of taking or discharging children, elderly, or mentally or physically handicapped persons, any act of not stopping or not keeping stopped a vehicle till all persons have cleared and bus the put in motion. (School buses are those which are equipped with warning devices prescribed in 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof) When it is not reckless driving: When the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway and the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. If the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus which is loading or discharging passengers from or onto property immediately adjacent to a school.	Class 1 misdemeanor.

Reckless Driving Passing A Stopped School Bus Defense In Gloucester Virginia

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