Friday, April 4, 2014
Reckless Driving In Virginia Loudoun Lawyers 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.
Delwin v.
Commonwealth
Facts:
Defendant in Loudoun, a previously adjudicated habitual offender,
was arrested after a police chase during which he operated a motorcycle at a
high rate of speed, in gross violation of posted limits, approached a group of
children as they crossed the roadway, prompting several to run and, moments
thereafter, lost control, crashed into a fence and fled. At an earlier trial,
defendant was convicted of attempting to elude police but a reckless driving
charge was dismissed. Although reckless driving was a necessary element to the
felonious habitual offender charge, the court held that the commonwealth was
not collaterally estopped from bringing the charge because the record did not
reveal the reason for the earlier dismissal of the reckless driving charge.
Because defendant failed to challenge the indictment in the trial court and the
court found no justification to invoke the ends of justice exception, the court
declined to address defendant's complaint on that issue. The court found the
evidence sufficient to support the finding that defendant's driving endangered
life, limb, or property of others in violation of Va. Code Ann. §
46.2-357(B)(2) and affirmed the 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:
- The doctrine of
collateral estoppel arises from the protection from double jeopardy in
U.S. Const. amend. V and instructs that when an issue of ultimate fact has
once been determined by a valid and final judgment, that issue cannot
again be litigated between the same parties in any future lawsuit.
However, the doctrine does not apply if it appears that the prior judgment
could have been grounded upon an issue other than that which the defendant
seeks to foreclose from consideration. The party seeking the protection of
collateral estoppel carries the burden of showing that the verdict in the
prior action necessarily decided the precise issue he now seeks to
preclude. An acquittal, standing alone, does not permit a conclusion with
respect to a court's findings or rationale.
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: