Showing posts with label Have you been charged with Reckless Driving in Virginia and you are wondering what the penalty is in VA? Call 888-437-7747 for help.. Show all posts
Showing posts with label Have you been charged with Reckless Driving in Virginia and you are wondering what the penalty is in VA? Call 888-437-7747 for help.. Show all posts
Tuesday, September 16, 2014
Reckless Driving In Virginia Lawyers Richmond 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 Richmond 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.
Michel v.
Commonwealth
Facts:
A jury in the
Circuit Court of Richmond (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:
- When reviewing a trial
court's refusal of a proposed lesser-included offense jury instruction, an
appellate court must first decide whether the proffered instruction
presents a lesser-included offense. The elements of the greater offense as
charged must be examined in relation to the purported lesser offense, and
where every commission of the greater offense is also a commission of the
lesser offense, a lesser offense may be deemed to exist. A lesser-included
offense is an offense which is composed entirely of elements that are also
elements of the greater offense.
- 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:
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, September 15, 2014
Reckless Driving In Virginia Lawyers Richmond 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 Richmond 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.
Carlos v.
Commonwealth
Facts:
A jury in the
Circuit Court of Richmond (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.
- The improper driving
statute, Va. Code Ann. § 46.2-862, states that the court in its discretion
may reduce the reckless driving charge to improper driving where the
degree of culpability is slight.
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, August 25, 2014
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.
Have you been
charged with Reckless Driving in Richmond 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.
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).
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:
- 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:
Friday, August 22, 2014
Reckless Driving In Virginia Lawyers Richmond 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 Richmond 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.
Jane v.
Commonwealth
Facts:
Defendant was
charged with reckless driving in Richmond 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 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:
- In the event the
prosecution adduces evidence of a particular blood alcohol level to
establish that an appellant was intoxicated and driving recklessly, the
presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore,
a jury instruction regarding the statutory presumptions of impairment at
various levels should be granted to the party requesting it.
- 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.
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:
Monday, August 18, 2014
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.
Have you been
charged with Reckless Driving in Richmond 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.
Garry 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 Richmond (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.
- "Involve" is
defined, in pertinent part, as to draw in as a participant, to implicate,
to relate closely, to connect, to have an effect on, to concern directly,
to affect. Nothing in these definitions suggests that, for purposes of
determining criminal liability under Va. Code Ann. § 46.2-894, a driver
must have legally caused an accident in order to be considered
"involved" in the accident. Indeed, the various definitions make
it clear, given the breadth of their scope, that a driver need only be
implicated in or connected with the accident in a substantial or logical
manner to be "involved" in an accident under § 46.2-894.
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, August 15, 2014
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.
Have you been
charged with Reckless Driving in Richmond 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.
Carpenter v.
Commonwealth
Facts:
Defendant was
convicted in a bench trial of reckless driving, in violation of Va. Code Ann. §
46.2-852. The Circuit Court of Richmond (Virginia) entered judgment. Defendant
appealed, contending error in the trial court's admission of evidence of remote
driving behavior, the admission of evidence of another offense for which
defendant was not on trial, and in the trial court's finding that the evidence
was sufficient.
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:
- Appellate courts examine
the evidence in the light most favorable to the Commonwealth, granting to
it all reasonable inferences fairly deducible therefrom. In so doing,
appellate courts 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.
- 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.
Va. Code Ann. § 46.2-852. 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. The mere happening of an accident does not
give rise to an inference of reckless driving. However, physical factors
associated with impact, including extent of damage to vehicles and property
may be considered as mute evidence of high speed.
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.
Sunday, April 27, 2014
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.
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.
Elizabeth 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:
- In the event the
prosecution adduces evidence of a particular blood alcohol level to
establish that an appellant was intoxicated and driving recklessly, the
presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore,
a jury instruction regarding the statutory presumptions of impairment at
various levels should be granted to the party requesting it.
- 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:
Friday, April 25, 2014
Reckless Driving In Virginia Lawyers Richmond 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.
Thomas v.
Commonwealth
Facts:
Defendant was
convicted in the Circuit Court of Richmond (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.
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
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.
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.
Kingston v.
Commonwealth
Facts:
Defendant
appealed from an order of the Circuit Court of Richmond (Virginia), which
convicted him for reckless driving and feloniously driving after having been
adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and
46.2-357(B)(2), respectively, contending that the evidence was insufficient to
support the convictions..
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, in part, that any person who drives a vehicle on any highway
recklessly or at a speed in a manner so as to endanger the life, limb, or
property of any person shall be guilty of reckless driving....
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
Reckless Driving In Virginia Lawyers Richmond Violation Code 18.2-266
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.
James v.
Commonwealth
Facts:
Defendant was
convicted by the general district court of reckless driving. He appealed his
subsequent conviction on a conditional guilty plea by the Circuit Court of Richmond,
Virginia, of driving while intoxicated, fourth offense (DUI), in violation of
Va. Code Ann. §§ 18.2-266 and 18.2-270, following the denial of his motion to
dismiss his indictment.
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 issue of statutory
interpretation is a pure question of law which the appellate court reviews
de novo. When the language of a statute is unambiguous, the appellate court
is bound by the plain meaning of that language. Furthermore, the appellate
court must give effect to the Virginia legislature's intention as
expressed by the language used unless a literal interpretation of the
language would result in a manifest absurdity. If a statute is subject to
more than one interpretation, the appellate court must apply the
interpretation that will carry out the legislative intent behind the
statute.
- Under the plain and
unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be
"charged" and "convicted" of both driving under the
influence (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.
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
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.
Woods 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 Arlington County, 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:
- In the event the
prosecution adduces evidence of a particular blood alcohol level to
establish that an appellant was intoxicated and driving recklessly, the
presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore,
a jury instruction regarding the statutory presumptions of impairment at
various levels should be granted to the party requesting 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:
Sunday, April 20, 2014
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.
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.
Green v.
Commonwealth
Facts:
Defendant sought
review of a judgment of the Circuit Court of Richmond (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....
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.
Thursday, April 17, 2014
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.
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.
Emma v.
Commonwealth
Facts:
Defendant
appealed from the judgment of the Circuit Court of Richmond (Virginia), which,
after a bench trial, convicted her of reckless driving in violation of Va. Code
§ 46.2-852.
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.
- 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. One may be both drunk and reckless. He may be reckless though not
drunk; he may even be a total abstainer, and he may be under the influence
of intoxicants and yet drive carefully.
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.
Wednesday, April 16, 2014
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.
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.
Gregory v.
Commonwealth
Facts:
Appellant sought
review of a judgment in the Circuit Court of Richmond (Virginia), which denied
his motion to dismiss charges of reckless driving in violation of Va. Code §
46.2-852 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:
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Lawyer - Virginia Reckless Driving As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the...
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Lawyer - Virginia Reckless Driving As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the...
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Lawyer - Virginia Reckless Driving As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the...
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Lawyer - Virginia Reckless Driving As per Va. Code § 46.2-852, the general rule for reckless driving is defined as, irrespective of the...