Monday, April 7, 2014
Reckless Driving In Virginia Loudoun Lawyers DUI 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.
Darren v.
Commonwealth
Facts:
Defendant in Loudoun
contended that the lower court was required to dismiss the DUI charge because
he had already pled guilty and been convicted of an offense that was by statute
deemed reckless driving. The court disagreed and held that reckless driving and
speeding were separate and distinct offenses. If the legislature had intended
to foreclose a person from being convicted for both DUI and another offense
that might also constitute reckless driving, as argued by defendant, it would
have expressed that intent in the language of Va. Code Ann. § 19.2-294.1. Under
the express provisions of § 19.2-294.1, only a conviction for reckless driving
barred a prosecution for DUI. A conviction for speeding, even if premised on an
underlying act that may have warranted a conviction for reckless driving, did
not implicate the bar of the statute. Defendant was charged and convicted for
speeding under a town ordinance incorporating Va. Code Ann. § 46.2-870. He was
not convicted of reckless driving. Although the Commonwealth could have
prosecuted defendant for reckless driving for that offense, it chose instead to
prosecute him for the offense of speeding.
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:
- Reckless driving is
chargeable and punishable under the provisions of Article 7 in the Motor
Vehicle Code chapter on the regulation of traffic. Reckless driving is a
Class 1 misdemeanor, Va. Code Ann. § 46.2-868, carrying with it the
potential for a twelve month jail sentence and a fine of not more than $
2,500 under Va. Code Ann. § 18.2-1(a).
A
conviction for reckless driving based on speeding also carries with it the
additional sanction that the trial judge may suspend an operator's license
for a period of not more than six months under Va. Code Ann. § 46.2-393.
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:
