Sunday, April 27, 2014
Reckless Driving In Virginia Loudoun 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.
Prince v.
Commonwealth
Facts:
Defendant
appealed the judgment of the Circuit Court of Loudoun (Virginia), which
convicted him of reckless driving in violation of Va. Code Ann. § 46.2-852. The
trial court held that Va. Code Ann. § 46.2-920 did not protect defendant, a
police officer, from criminal prosecution for conduct constituting reckless
disregard for the safety of persons and property. The trial court refused to
apply a "reasonable officer" standard.
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:
- A police officer is
under a duty to operate his or her vehicle in a manner that is reasonable
under the existing circumstances and conditions. Although police vehicles
generally are subject to all traffic regulations, the legislature may
provide exceptions in certain circumstances.
- Va. Code Ann. § 46.2-852
provides in part: 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.
- When considering the
sufficiency of the evidence on appeal of a criminal conviction, the
appellate court must view all the evidence in the light most favorable to
the Commonwealth and accord to the evidence all reasonable inferences
fairly deducible therefrom. The appellate court will not disturb the trial
court's judgment unless it is plainly wrong or without evidence to support
it. Further, the weight that should be given to evidence and whether the
testimony of a witness is credible are questions which the fact finder
must decide. 'Reckless driving is a criminal offense and to sustain a
conviction, the Commonwealth's evidence must establish guilt beyond a
reasonable doubt.
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:
