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.

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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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