Monday, August 25, 2014
Reckless Driving In Virginia Loudoun Lawyers Preliminary Breath Test
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.
Jacklin 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 Loudoun, 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:
- Va. Code Ann. § 18.2-269
specifies that its presumptions apply in any prosecution for a violation
of Va. Code Ann. § 18.2-36.1 or Va. Code Ann. § 18.2-266(ii),
18.2-266(iii) or 18.2-266(iv) or any similar ordinance. Reckless driving
is not among those enumerated statutes. Nevertheless, § 18.2-269(A)(1)
represents a legislative determination that an individual with a 0.05 or
lower blood alcohol level is presumed not to be under the influence of
alcohol at the time of the offense. Once the Commonwealth introduces
evidence of a defendant's blood alcohol level in a trial for reckless
driving to establish that the defendant was driving recklessly, the
defendant's intoxication, i.e. whether he was operating a vehicle under
the influence of alcohol intoxicants, becomes an issue for the jury. In
that situation, the determination by the people's elected representatives
that a person with a blood alcohol level at or below 0.05 is presumed not
to be under the influence of alcohol is a relevant consideration for the
jury.
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:
