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.
Friday, April 25, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Violation
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.
Harry v.
Commonwealth
Facts:
After two police
officers put a be-on-the-lookout bulletin on the radio for a vehicle that had
been driving recklessly in Lynchburg, a detective stopped the vehicle a short
distance away. The detective removed defendant from the vehicle and patted him
down for weapons. The detective felt a bulge in defendant's sock that he
believed to be some type of weapon. The bulge was a glassine tube containing cocaine.
The trial judge found that the officer stopped defendant based on a report of
reckless driving and conducted the pat down for safety reasons.
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:
- Ruling that an officer's
authority to require a driver to exit a vehicle following a lawful stop
for a traffic violation is an additional intrusion that can only be
described as de minimus, the United States Supreme Court implicitly
rejects the notion of requiring the "least intrusive
investigation."
- The authorization for a
frisk for weapons arises from the holding in Terry that a police officer
is permitted to frisk a suspect's outer clothing if the officer can point
to specific and articulable facts that, taken together with rational
inferences from those facts, reasonably lead the officer to conclude that
criminal activity may be afoot and that the suspect may be armed and
presently dangerous.
- Even in high crime
areas, where the possibility that any given individual is armed is
significant, Terry requires reasonable, individualized suspicion before a
frisk for weapons can be conducted.
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:
Thursday, April 24, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Double Jeopardy
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.
Charles v.
Commonwealth
Facts:
An officer activated
his signal and pursued the car defendant was driving in Lynchburg; it turned
into a gas station, accelerated, and re-entered the road without stopping or
slowing down, causing other vehicles to brake or stop. Defendant pled guilty to
reckless driving in district court. He argued the prosecution failed to prove
that he endangered a person or the operation of a law enforcement vehicle, as
required to convict him of violating § 46.2-817(B). The appellate court
disagreed.
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:
- When considering on
appeal the sufficiency of the evidence presented below, the appellate
court presumes the judgment of the trial court to be correct and reverses
only if the trial court's decision is plainly wrong or without evidence to
support it. Under this standard, the appellate court is not permitted to
reweigh the evidence. Instead, it asks whether any rational trier of fact
could have found the essential elements of the crime beyond a reasonable
doubt.
- In the context of the
double jeopardy bar, considering Va. Code Ann. §§ 46.2-852 and 46.2-817(B)
together, both contain different elements. The reckless driving statute, §
46.2-852, requires that the accused be driving on a highway, whereas the
felony eluding statute, § 46.2-817(B), does not necessitate that the
accused drive on a particular roadway. Section 46.2-852 provides that a
violation may occur if the accused endangers any property of a person.
Section 46.2-817(B), however, provides that a violation occurs only where
the accused endangers the operation of a law enforcement vehicle, but not
the law enforcement vehicle itself. It further requires that the accused
receive a visible or audible signal from a police officer to stop his
vehicle. Moreover, 46.2-817(B), unlike § 46.2-852, proscribes the driving
of the accused only after he has disregarded an officer's signal to stop.
Thus, ifelony eluding and reckless driving constitute separate offenses in
that different facts are required to prove each.
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:
Wednesday, April 23, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Regulations Violation
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.
Immanuel v.
Commonwealth
Facts:
The Circuit Court
of Lynchburg (Virginia) convicted defendant of involuntary manslaughter and
reckless driving. Defendant appealed his conviction for involuntary manslaughter.
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:
- Involuntary manslaughter
in the operation of a motor vehicle is an accidental killing which,
although unintended, is the proximate result of negligence so gross,
wanton, and culpable as to show a reckless disregard of human life. A
violation of the statutes defining reckless driving and prescribing motor
vehicle traffic regulations is insufficient to constitute manslaughter
unless it is so flagrant, culpable, and wanton as to show utter disregard
of the safety of others under circumstances likely to cause injury. What
distinguishes a speeding violation from the misdemeanor of reckless
driving, and the misdemeanor from the felony of involuntary manslaughter,
is the likelihood of injury to other users of the highways. And the degree
of the hazard posed by a speeding automobile depends upon the
circumstances in each case.
- The Supreme Court of
Virginia has not limited criminal negligence to cases involving conduct
taking place over a specified period of time or distance. To the contrary,
the Supreme Court of Virginia has found the existence of criminal
negligence when a defendant has engaged in a single negligent act showing
a reckless disregard of life.
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:
Tuesday, April 22, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Violation Code 46.2-862
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.
Moses v.
Commonwealth
Facts:
A jury in the
Circuit Court of Lynchburg (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 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.
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:
Sunday, April 20, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Eluding
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:
Appellant sought review of a judgment in the Circuit Court of Lynchburg (Virginia), which denied his motion to dismiss charges of reckless driving and evading and eluding based on former jeopardy and violation of Va. Code § 19.2-274.
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 double jeopardy clause insures that an accused is not subject for the same offense to be twice put in jeopardy of life or limb. U.S. Const. amend. V. This constitutional guarantee is applicable to the States through the due process clause of U.S. Const. amend. XIV.
- Although the language of Va. Code § 19.2-294 does not state that it provides a defense of former jeopardy, it amounts to such a defense in purpose and desired effect. Like the bar of former jeopardy under U.S. Const. amend. V, § 19.2-294 prevents the Commonwealth from subjecting an accused to the hazards of vexatious, multiple prosecutions.
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.
Virginia Traffic Lawyers Reckless Driving Lynchburg Maximum Speeds Code 46.2-852
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.
Sabrina v.
Commonwealth
Facts:
Defendant
appealed from the judgment of the Circuit Court of Lynchburg (Virginia), which,
after a bench trial, convicted her 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:
- 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.
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:
Wednesday, April 16, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Preliminary Breath Test
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.
Ellis v.
Commonwealth
Facts:
Defendant was
charged with reckless driving under Va. Code Ann. § 46.2-852. She 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 Circuit Court of Lynchburg, Virginia. Defendant appealed her
reckless driving 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:
- 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
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 of reckless driving lies not in the
act of operating a vehicle, but in the manner and circumstances of its
operation.
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.
Tuesday, April 15, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Accident Scene
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.
Brown v.
Commonwealth
Facts:
Defendant was
convicted in a bench trial of misdemeanor reckless driving, in violation of Va.
Code Ann. § 46.2-852, and felony leaving the scene of an accident, in violation
of Va. Code Ann. § 46.2-894. The Circuit Court of Lynchburg (Virginia) sentenced
defendant to two years in prison, all suspended, for the leaving the scene of
an accident conviction and six months in jail for the reckless driving
conviction. Defendant appealed.
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:
- When the sufficiency of
the evidence is challenged on appeal, a reviewing court determines whether
the evidence, viewed in the light most favorable to the prevailing party
and the reasonable inferences fairly deducible from that evidence support
each and every element of the charged offense. In so doing, the reviewing
court must discard the evidence of the accused in conflict with that of
the Commonwealth, and regard as true all the credible evidence favorable
to the Commonwealth and all fair inferences that may be drawn therefrom.
It is the reviewing court's duty to look to that evidence which tends to
support the conviction and to permit the conviction to stand unless
plainly wrong. Indeed, the judgment of a trial court sitting without a
jury is entitled to the same weight as a jury verdict and will not be set
aside unless it appears from the evidence that the judgment is 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.
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.
Monday, April 14, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Habitual Offender Code 46.2-357
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.
Andrew v.
Commonwealth
Facts:
In a reckless
driving case, the Defendant sought review of a judgment of the Circuit Court of
Lynchburg (Virginia), which convicted him in a bench trial of driving
after having been adjudicated an habitual offender in violation of Va. Code
Ann. § 46.2-357.
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 distinction between
negligent driving and reckless driving is the critical element in
determining punishment under Va. Code Ann. § 46.2-357. In defining the
conduct that gives rise to felony punishment under 46.2-357(B)(2), the
legislature uses the phrase, driving that endangers the life, limb, or
property of another, language virtually identical to that found in the
statute defining reckless driving. Drunk driving does not per se deserve
felony treatment under § 46.2-357. While evidence of intoxication is a
factor that might bear upon proof of dangerous or reckless driving in a
given case, it does not, of itself, prove reckless driving. 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.
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:
Sunday, April 13, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Accident 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.
Andrew v.
Commonwealth
Facts:
Defendant was
speeding in Lynchburg, and he did not pull over when he was pursued by a
police officer. Defendant was in an accident, and the officer asked him what
caused it. Defendant admitted that he was speeding. Defendant was convicted of
eluding the police. On appeal, defendant claimed that his statement was in
violation of his Miranda rights and the trial court erred in overruling his
motion to suppress. The court affirmed the conviction and held that defendant
was not in custody at the time that he made his statement. The officer detained
defendant as a necessary protective measure. Defendant was questioned as the
driver of a vehicle involved in a traffic accident, not as a criminal suspect.
Defendant was barred from arguing that the trial court erred in failing to
instruct the jury on reckless or improper driving because he did not ask for
the instruction.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. §
46.2-869, it is not a lesser included offense of eluding a police officer.
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.
Saturday, April 12, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg Accident
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:
In a reckless
driving case in Lynchburg, the Defendant was speeding, and he did not pull over
when he was pursued by a police officer. Defendant was in an accident, and the
officer asked him what caused it. Defendant admitted that he was speeding.
Defendant was convicted of eluding the police.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. §
46.2-869, it is not a lesser included offense of eluding a police officer.
- Factors a trial court
may consider in determining whether a person is subject to "custodial
interrogation" are whether a police officer informs the individual
that he or she is not under arrest, and whether the individual knows or
has been apprised of the nature of the investigation. The trial court may
also consider the point at which the suspect becomes the focus of the
investigation. In evaluating the various factors, the situation must be
viewed from the vantage point of how a reasonable person in the suspect's
position would have understood his situation. On review, the court
considers the evidence in the light most favorable to the commonwealth and
will affirm the trial court's findings unless unsupported by the record.
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:
Friday, April 11, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg
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.
Andrew v.
Commonwealth
Facts:
Defendant sought
review before the Lynchburg 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 he was again tried in
another court on identical charges brought by a different police officer.
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 Double Jeopardy
Clause of the Fifth Amendment to the United States Constitution provides
that no person shall be subject for the same offence to be twice put in
jeopardy of life or limb. This protection prevents both successive
prosecutions and successive punishments for the same criminal offense. The
United States Supreme Court has formulated the "same elements"
test to determine whether two offenses were separate or identical for
double jeopardy purposes. The applicable rule is that where the same act
or transaction constitutes a violation of two distinct statutory
provisions, the test to be applied to determine whether there are two
offenses or only one is whether each provision requires proof of a fact
which the other does not. The proponent of the double jeopardy claim has
the burden of proving that the offenses are identical.
- One occasion of driving
an automobile may give rise to multiple convictions. The test of whether
there are separate acts sustaining several offenses is whether the same
evidence is required to sustain them. While Va. Code Ann. § 19.2-294.1
prohibits convictions of both driving under the influence and reckless
driving growing out of the same act or acts, § 19.2-294 applies only when
"the same act" is a violation of two or more statutes.
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:
Thursday, April 10, 2014
Virginia Traffic Lawyers Reckless Driving Lynchburg 46.2-357
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.
Brown v.
Commonwealth
Facts:
Defendant
challenged his conviction for feloniously driving a motor vehicle after having
been adjudicated a habitual offender in violation of Va. Code Ann. §
46.2-357(B)(2) in the Circuit Court of Lynchburg (Virginia).
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..
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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