Friday, February 21, 2014
Reckless Driving In Virginia Lawyers Violation 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.
Davis v.
Commonwealth
Facts:
Defendant was
convicted of eluding a police officer and driving while intoxicated (DWI).
Defendant argued that his conviction for eluding a police officer constituted a
conviction for reckless driving in violation of Code § 46.2-852, 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. The court
held that, because the offense of eluding a police officer was not reckless
driving on the date of the offense, did not pose a statutory bar to defendant's
conviction for driving while intoxicated. The court held that the 1984
amendment to Va. Code Ann. § 46.1-192.1 changed the offense of eluding a police
officer so that it no longer constituted the offense of reckless driving
because it deleted the language designating violations of the statute as
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. § 18.2-269
specifies that its presumptions apply in any prosecution for a violation
of Va. Code Ann. § 18.2-36.1 or Va. Code Ann. § 18.2-266(ii),
18.2-266(iii) or 18.2-266(iv) or any similar ordinance. Reckless driving
is not among those enumerated statutes. Nevertheless, § 18.2-269(A)(1)
represents a legislative determination that an individual with a 0.05 or
lower blood alcohol level is presumed not to be under the influence of
alcohol at the time of the offense. Once the Commonwealth introduces
evidence of a defendant's blood alcohol level in a trial for reckless driving
to establish that the defendant was driving recklessly, the defendant's
intoxication, i.e. whether he was operating a vehicle under the influence
of alcohol intoxicants becomes an issue for the jury. In that situation,
the determination by the people's elected representatives that a person
with a blood alcohol level at or below 0.05 is presumed not to be under
the influence of alcohol is a relevant consideration for the jury.
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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