Tuesday, February 25, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Habitual Offender High Speed
Lawyer - Virginia
Reckless Driving
As per Va. Code §
46.2-852, the general rule for reckless driving is defined as, 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.
Below is a sample
case of reckless driving in Virginia as interpreted by a lawyer in our firm.
Have you been
charged with Reckless Driving in Virginia and you are wondering what the
penalty is in VA?
Are you concerned
about the consequences of being charged with Reckless Driving in Virginia?
For a lot of our
clients, a charge of Reckless Driving can result in the loss of their job,
their security clearance, etc.
Don’t risk going
to court without a lawyer, if you have been charged with a crime of Reckless
Driving in Virginia.
If you have been
charged with a criminal offense of Reckless Driving in Virginia and you are
wondering what the penalty is in VA, contact our law firm for help.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Contact our law
firm today to speak with a lawyer today about your Criminal Case. 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. The lawyers in our law firm have the necessary experience to assist
you with this matter.
Scott v.
Commonwealth
Facts:
Defendant in Lynchburg,
a previously adjudicated habitual offender, was arrested after a police chase
during which he operated a motorcycle at a high rate of speed, in gross
violation of posted limits, approached a group of children as they crossed the
roadway, prompting several to run and, moments thereafter, lost control,
crashed into a fence and fled. At an earlier trial, defendant was convicted of
attempting to elude police but a reckless driving charge was dismissed.
Although reckless driving was a necessary element to the felonious habitual
offender charge, the court held that the commonwealth was not collaterally
estopped from bringing the charge because the record did not reveal the reason
for the earlier dismissal of the reckless driving charge. Because defendant failed
to challenge the indictment in the trial court and the court found no
justification to invoke the ends of justice exception, the court declined to
address defendant's complaint on that issue. The court found the evidence
sufficient to support the finding that defendant's driving endangered life,
limb, or property of others in violation of Va. Code Ann. § 46.2-357(B)(2) and
affirmed 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:
- To convict a defendant
under Va. Code Ann. § 46.2-357(B)(2), the commonwealth must prove driving
by an accused that, standing alone, was so gross, wanton, and culpable as
to show a reckless disregard of human life.
When the
sufficiency of the evidence is challenged on appeal, the court views the
record in the light most favorable to the commonwealth, granting it all
reasonable inferences fairly deducible therefrom, and the decision will not
be disturbed unless plainly wrong or without evidence to support it.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
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. The lawyers in our law firm have the necessary experience to assist
you with this matter.
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