Court Appeal Gloucester Reckless Driving Virginia

Tags

888-437-7747, Court Appeal, Cross Examination, Defendant, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Law Group, Mistrial, Municipal Ordinances, Necessary Experience, Reckless Driving Charge, Reckless Driving Virginia, Traffic Case, Trial Court, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

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

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 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

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

Drivers License Lawyers Gloucester Virginia

Tags

888-437-7747, Breath Test, Drivers License, General District Court, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Traffic Laws, Issuance, Law Group, Lawyers Virginia, Magistrate, Motor Vehicle, Necessary Experience, Traffic Case, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

Drivers License – Virginia Lawyers

If you are concerned about a Drivers License Charge in Virginia, contact our law firm immediately for help.

Drivers License Charge – Attorneys 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.

White v. Commonwealth

Facts:

Appellant drivers challenged orders of the Circuit Court of Gloucester County (Virginia), which held that it did not have jurisdiction to review the suspension of their driver’s licenses for seven days, pursuant to Va. Code Ann. § 46.2-391.2, after the drivers were arrested for driving while intoxicated..

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. § 46.2-391.2(A) requires the automatic seven-day suspension of the driver’s license of any person arrested for driving while intoxicated if the driver fails a breath test administered pursuant to Va. Code Ann. § 18.2-268.2, or any person who refuses to take a breath test as required by Va. Code Ann. § 18.2-268.3. When the driver either fails the breath test or refuses to take it, he or she is taken before a magistrate and a warrant is issued for the driver’s arrest. Upon issuance of the warrant, the magistrate automatically suspends the accused’s driving privilege for seven days pursuant to Va. Code Ann. § 46.2-391.2. Any person whose license or privilege to operate a motor vehicle has been suspended may, during the period of the suspension, request the general district court of the jurisdiction in which the arrest was made to review that suspension. Va. Code Ann. § 46.2-391.2(C).

Drivers License Charge – Attorneys 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 Gloucester Reckless Driving Speeding Misdemeanor

Tags

888-437-7747, Class 1 misdemeanor, Defendant, Dui Charge, Dui Conviction, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Jail Sentence, Law Group, Misdemeanor Charge, Misdemeanor Defense, Necessary Experience, Traffic Case, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers, Virginia Reckless Driving

Reckless Driving Speeding Misdemeanor – Virginia Lawyers

If you are dealing with a Reckless Driving Speeding Misdemeanor charge in Virginia, contact our law firm immediately for help.

Reckless Driving Speeding Misdemeanor 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.

Gloucester Lawyers Violation Code 18.2-266

Dillon v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Gloucester (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. Defendant contended that the lower court was required to dismiss the DUI charge because he had already pled guilty and been convicted of an offense that was by statute deemed reckless driving. The court disagreed and held that reckless driving and speeding were separate and distinct offenses.

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:

• Reckless driving is chargeable and punishable under the provisions of Article 7 in the Motor Vehicle Code chapter on the regulation of traffic. Reckless driving is a Class 1 misdemeanor, Va. Code Ann. § 46.2-868, carrying with it the potential for a twelve month jail sentence and a fine of not more than $ 2,500 under Va. Code Ann. § 18.2-1(a).
• Under the express provisions of Va. Code Ann. § 19.2-294.1, only a conviction for reckless driving bars a prosecution for DUI. A conviction for speeding, even if premised on an underlying act that may have warranted a conviction for reckless driving, does not implicate the bar of the statute.

Reckless Driving Speeding Misdemeanor 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

Marion Virginia Gloucester Reckless Driving Lawyers

Tags

888-437-7747, Defendant, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Law Group, Marion Virginia, Maximum Speed, Maximum Speed Limit, Miles Per Hour, Necessary Experience, Reckless Driving Lawyers, Summons, Traffic Case, Twenty Miles, Virginia, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer

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

Reckless Driving Gloucester Virginia

Tags

888-437-7747, Custodial Arrest, Field Sobriety Test, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Inconvenience, Issuing Authority, Law Group, Necessary Experience, Occupant, Probable Cause, Reckless Driving Charge, Reckless Driving In Virginia, Traffic Case, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

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

Reckless Driving Security Clearance Gloucester Virginia

Tags

888-437-7747, Defendant, Disregard, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Indifference, Law Group, Necessary Experience, Rest Stop, Security Clearance, Skid Marks, Tire Combination, Traffic Case, Trial Court, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

Reckless Driving charge and its impact on your security clearance – Virginia Lawyers

If you are dealing with a Reckless Driving charge and its impact on your security clearance in Virginia, contact our law firm immediately for help.

Reckless Driving charge and its impact on your security clearance 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.

Tommy v. Commonwealth

Facts:

Defendant had pulled into a rest stop after a security clearance from a building 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 because of his tire combination and his vehicle was driven off the road by wind caused by a passing truck. The trial court convicted defendant of 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:

• 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.
• To fall asleep while operating an automobile manifests a disregard by the driver for the consequences of his act and an indifference to life, limb or property sufficient to find the operator guilty of the offense of reckless driving.
• The driver of a vehicle has a duty to use ordinary care to keep his vehicle under proper control.

Reckless Driving charge and its impact on your security clearance 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

Appeal Gloucester Reckless Driving Conviction Virginia

Tags

888-437-7747, Air Courier, Appellate Court, Ed 2d, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Law Group, Necessary Experience, Park Police Officer, Postal Workers Union, Traffic Case, Traffic Stop, United States Park, United States Park Police, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

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

Virginia State Law Gloucester Reckless Driving

Tags

888-437-7747, Court Of Appeals Of Virginia, Criminal Case, Criminal Negligence, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Criminal Lawyer, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gross Negligence, High Speed Chase, Insufficient Evidence, Involuntary Manslaughter, Law Group, Necessary Experience, Police Cruiser, Proximate Causation, Reckless driving, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers, Virginia State Law

Reckless Driving State Law – Virginia Lawyers

If you have been charged with a violation of reckless driving state law in Virginia and you are concerned about a conviction, contact our law firm immediately for help.

Reckless driving state law 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.

Shawn v. Commonwealth

Facts:

The driver of a car was killed when it was struck by a police cruiser during a high-speed chase to apprehend defendant. The Court of Appeals of Virginia State affirmed defendant’s conviction for involuntary manslaughter. The present court awarded defendant an appeal, in which he argued that there was insufficient evidence to support his conviction. Since defendant had not assigned error to the Court of Appeals’ holding that his driving conduct was criminally negligent, that holding was binding on appeal. Proximate causation was the only remaining issue. Because defendant’s actions put into operation the high-speed chase, the officer’s intervening actions were not a superseding cause that alone caused the driver’s death

If you are facing a criminal 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 Supreme Court of Virginia has defined criminal negligence with reference to gross negligence. Gross negligence is punishable as criminal negligence when acts of a wanton or willful character, committed or omitted, show a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts. To convict a defendant of involuntary manslaughter based on such acts of criminal negligence, the Commonwealth must also prove that the defendant’s criminally negligent conduct was a proximate cause of the victim’s death
• When a defendant challenges the sufficiency of the evidence, an appellate court considers the evidence in the light most favorable to the Commonwealth, the prevailing party in the circuit court, and the appellate court accords the Commonwealth the benefit of all reasonable inferences deducible from the evidence.

Reckless driving state law 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 Reckless Driving State Law 46.2-862

Tags

888-437-7747, Defendant, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Law Group, Measuring Device, Miles Per Hour, Necessary Experience, Reckless driving, Traffic Case, Virginia Code, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers, Virginia Legislature, Virginia State Law

Reckless Driving State Law – Virginia Lawyers

There are many different penalties for violating the reckless driving state laws in Virginia.

If you are dealing with a violation of the reckless driving state laws in Virginia, contact our law firm immediately for help.

Reckless driving state laws 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.

Warner 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 Virginia state traffic laws, 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:

• The plain and unambiguous reading of the improper driving statute, Va. Code Ann. § 46.2-862, makes clear that authority rests with the trial judge and not the jury to make the lesser degree of culpability determination. In the alternative, an attorney for the Commonwealth may reduce a reckless driving charge to improper driving at any time prior to the court’s decision. Thus, only the trial judge, or the prosecutor before the verdict is rendered, has the prerogative to reduce a reckless driving charge to improper driving under § 46.2-869.
• A reviewing court’s responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.

Reckless driving state laws 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

Tags

888-437-7747, Alcoholic Beverages, Bench Trial, Gloucester, Gloucester Lawyer, Gloucester virginia, Gloucester Virginia Attorney, Gloucester Virginia Attorneys, Gloucester Virginia Law, Gloucester virginia laws, Gloucester Virginia Lawyer, Gloucester Virginia Lawyers, Gloucester Virginia Reckless Driving Lawyer, Law Group, Maximum Speeds, Necessary Experience, Reasonable Doubt, Reckless Driving Charge, Reckless Driving In Virginia, Reckless Driving Law, Reckless Driving Virginia, Sole Issue, Traffic Case, Virginia Court, Virginia Gloucester Attorneys, Virginia Gloucester Laws, Virginia Gloucester Lawyer, virginia lawyers

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