Wednesday, March 26, 2014
Reckless Driving In Virginia Loudoun Lawyers Intoxication DWI Habitual Offender
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.
Max v.
Commonwealth
Facts:
In
Loudoun, a
police officer saw defendant driving a jeep that was weaving and five times
crossed the double yellow line into the on-coming lane. The officer stopped the
vehicle and noticed signs of defendant's intoxication. Defendant pled guilty to
driving under the influence (DWI). At the trial on the habitual offender charge,
the Commonwealth introduced into evidence defendant's guilty plea and
conviction on the DWI charge, and a prior adjudication as an habitual offender.
The trial court denied defendant's motion to strike. Defendant was convicted.
On appeal, the court found that defendant's driving behavior clearly rose to
the level of reckless and could have endangered the life, limb, or property of
another. The trial judge correctly found that defendant's intoxication alone
was not enough to show that his driving of itself endangered the life, limb, or
property of another, and his intoxication when combined with the evidence of
weaving was sufficient to prove a violation of Va. Code Ann. § 46.2-357(B)(2).
The court also found that for § 46.2-357(B)(2) to apply, the driving behavior
did not have to actually harm another person or require another person to take
evasive action.
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. 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. 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.
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