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Appeal Gloucester Reckless Driving Conviction Virginia

12 Sunday Jan 2014

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

≈ Comments Off on Appeal Gloucester Reckless Driving Conviction Virginia

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Appeal Reckless Driving Conviction – Virginia Lawyers

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

If you are dealing with an Appeal Of A Reckless Driving Conviction In Virginia, contact our law firm immediately for help.

Appeal Reckless Driving Conviction 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.

Pollard v. Commonwealth

Facts:

Defendant appealed a judgment by the Circuit Court of Gloucester (Virginia) that convicted him of reckless driving, in violation of Va. Code Ann. § 46.2-852; defendant claimed that a United States Park police officer had no authority to stop him for speeding on an interstate. On appeal the court found that, even if the officer had no authority to stop defendant for speeding on the interstate, defendant’s reckless driving was a separate and distinct offense occurring after the original traffic stop had concluded. Therefore, the trial court did not err in defendant’s conviction of reckless driving under § 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:

  • An appellate court decides cases ‘on the best and narrowest ground available.'” Luginbyhl v. Commonwealth, 48 Va. App. 58, 64, 628 S.E.2d 74, 77 (2006) (en banc) (quoting Air Courier Conference v. Am. Postal Workers Union, 498 U.S. 517, 531, 111 S. Ct. 913, 112 L. Ed. 2d 1125 (1991) (Stevens, J., concurring)). Assuming without deciding that Shannon had no authority to stop appellant for speeding on Interstate 395, we need not address this issue because appellant’s reckless driving was a separate and distinct offense occurring after the original traffic stop had concluded.
Appeal Reckless Driving Conviction 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

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