Tag Archives: Virginia Gloucester Law

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

What Is Considered Gloucester Reckless Driving In Virginia

11 Saturday Jan 2014

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What Is Considered 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.

Prince v. Commonwealth

Facts:

Defendant contended that her speeding violation constituted reckless driving under Va. Code Ann. § 46.2-862 and that her prosecution for driving while intoxicated was therefore barred by Va. Code Ann. § 19.2-294.1, which prohibited conviction of both reckless driving and driving while intoxicated where both charges arose out of the same act or acts. The Commonwealth contended that the offense to which defendant pleaded guilty was simply a speeding offense for which a bond could be posted and not the reckless driving offense contemplated by Virginia law. However, the court questioned that, “What is considered reckless driving?” further states that, because defendant was charged with speeding at a rate that constituted reckless driving, the prosecution of the case against her for driving while intoxicated was barred by § 19.2-294.1.

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 statute in question, Va. Code Ann. § 19.2-294.1, is clear and unambiguous, and the legislative intent is clear. Under Article 7 of Title 46.2, there are fourteen different offenses that the legislature has determined constitute “reckless driving.” Nowhere in § 19.2-294.1 does the legislature delineate, define, or limit in any way the “reckless driving” that constitutes a bar to a conviction for driving while intoxicated. Hence, the legislature intended to include any offense constituting reckless driving under the Code.

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