Sunday, April 27, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Speeding
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.
Albert v.
Commonwealth
Facts:
Defendant was
convicted in the Circuit Court of Lynchburg (Virginia) of DUI in violation of
Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in
violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course
of driving. He asserted that the DUI conviction was barred by Va. Code Ann. §
19.2-294.1 because the speeding conviction constituted a conviction 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:
- Va. Code Ann. §
19.2-294.1 provides that whenever any person is charged with driving under
the influence of alcohol and reckless driving growing out of the same act
or acts and is convicted of one of these charges, the court shall dismiss
the remaining charge.
- Va. Code Ann. § 46.2-862
provides that a person shall be guilty of reckless driving who drives a
motor vehicle at a speed of twenty miles per hour or more in excess of the
applicable maximum speed limit of forty miles per hour or more.
- Under the plain and
unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be charged
and convicted of both DUI and reckless driving. A conviction of either DUI
or reckless driving, whether in simultaneous or successive prosecutions,
requires dismissal of the other charge if the other charge arose from the
same act or acts. Virginia 's double jeopardy statute, Va. Code Ann. §
19.2-294, prohibits multiple convictions for separate offenses arising out
of same act, except where convictions obtained in single prosecution.
Reckless driving and speeding are separate and distinct offenses.
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.
Disclaimer:
These summaries are
provided by the SRIS Law Group. They
represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for
their authoritative content.
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