Lawyers In Richmond Virginia: Reckless Driving In Virginia Lawyers Richmond 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.

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Sabrina v. Commonwealth

Facts:

Defendant was charged with reckless driving in violation of 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 Richmond, 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 does not mention intoxication. Nor does the statute prohibit driving with a particular blood alcohol level. Evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case even though it does not, of itself, prove reckless driving. Therefore, in a reckless driving case, intoxication--not mere consumption of some alcohol--is relevant to establishing that the defendant drove her car so as to endanger the life, limb, or property of any person. § 46.2-852. In order to prove intoxication, proof of a defendant's blood alcohol level may be introduced along with other evidence concerning the significance of this blood alcohol level.
The unexplained results of a blood alcohol test without more do not illumine whether the defendant was driving recklessly due to intoxication. By itself, such evidence is irrelevant. In other words, the blood alcohol level indicated in the preliminary breath test is conditionally relevant, subject to being "connected up" by other evidence showing that the level indicated in the test tends to establish that the driver was driving in an intoxicated condition, so as to endanger the life, limb or property of others. In addition, there is a significant risk that a jury with nothing more than a numerical blood alcohol test score might improperly speculate concerning the significance of the unexplained numerical result of the preliminary breath test.

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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