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

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Drew v. Commonwealth

Facts:

In Richmond an officer activated his signal and pursued the car defendant was driving; 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).

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Holdings:

The Virginia Court made the following holding:

Like the bar of former jeopardy under the Fifth Amendment, U.S. Const. amend. V, Va. Code Ann. § 19.2-294 prevents the Commonwealth from subjecting an accused to the hazards of vexatious, multiple prosecutions. Contrary to the constitutional double jeopardy bar, however, the prohibition of § 19.2-294 is dependent upon the identity of the act, rather than the identity of the offense. Section 19.2-294 speaks to acts of the accused, not elements of the offense. Moreover, by its terms, § 19.2-294 only bars prosecutions or proceedings after there has been a conviction. A "prosecution or proceeding" after a "conviction," by definition requires multiple or successive proceedings or prosecutions. Many circumstances may determine the time within which criminal charges are concluded. It is the time of institution which determines whether multiple charges are simultaneous or successive. Thus, where charges are brought simultaneously, the amenability of one to early conclusion while the other requires further proceedings, does not alter the fact that the proceedings are concurrent, not successive, prosecutions. Where felony and misdemeanor charges are heard simultaneously in a single proceeding, they are part of a single prosecution, even though jurisdictional limitations necessitate that they be concluded in different courts.
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:

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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