Virginia Divorce/Child Custody & Support Lawyers

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.

Lawrence v. Commonwealth

Facts:

Defendant challenged the judgment of the Circuit Court of Fairfax (Virginia), which convicted defendant of reckless driving pursuant to Va. Code Ann. § 18.2-266, and three counts of second-degree murder for fatalities in an automobile collision.

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 defendant's degree of intoxication, however great, neither enhances nor impairs the set of facts relied upon to establish implied malice. In making the determination whether malice exists, the fact-finder must be guided by the quality of the defendant's conduct, its likelihood of causing death or great bodily harm, and whether it was volitional or inadvertent; not by the defendant's blood-alcohol level. One who knowingly drives his automobile on the highway under the influence of intoxicants, in violation of statute, is, of course, negligent. It is a wrong, reckless and unlawful thing to do; but it is not necessarily a malicious act. A sober driver may be eminently malicious, while a drunken driver may be merely reckless.
• Va. Code Ann. § 18.2-268 provides that a certificate attesting to the results of a blood-alcohol analysis, performed in substantial compliance with the procedural steps detailed in the statute, is self-authenticating as evidence of the misdemeanor defined in Va. Code Ann. § 18.2-266. The certificate is not, however, the only evidence the statute authorizes as proof of intoxication, and nothing in the statute excludes evidence of the results of other scientific tests if such evidence is otherwise admissible under the rules. A court shall consider such other relevant evidence of the condition of an accused as shall be admissible in evidence. Va. Code Ann. § 18.2-268(i). Evidence of the results of the hospital test, if supported by a proper foundation, constitute "other relevant evidence" within the intendment of the statute and is properly admitted as proof of drunken driving.

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Wolfe v. Commonwealth

Facts:

In a reckless driving case in Fairfax, the Defendant challenged his charge of driving while suspended before the Virginia court after his conviction for operating a motor vehicle without liability insurance, claiming that the subsequent charge was barred by double jeopardy.

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:

• Where the defendant is charged with the general offense of driving in violation of some legal status such as without insurance, or driving without a license, or driving while suspended or revoked, then such a conviction would bar a later conviction or concurrent conviction based on the same general act of driving, although in violation of a different statute with different elements of proof as to legal status of the defendant at the time of the general act of driving. For example, a conviction of driving while under suspended or revoked would bar a later or concurrent conviction for driving without insurance or after having been adjudged an habitual offender.
• A second prosecution is barred by double jeopardy if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted.

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Thomas v. Commonwealth

Facts:

The trial court (Virginia), after the presentation of all evidence and without the agreement of the parties or the request of either, sua sponte amended a driving under the influence (DUI) warrant to reckless driving and convicted defendant in Fairfax. Defendant appealed.

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 not a lesser included offense of driving under the influence. It is instead a separate and distinct crime.

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Thomas v. Commonwealth

Facts:

The trial court (Virginia), after the presentation of all evidence and without the agreement of the parties or the request of either, sua sponte amended a driving under the influence (DUI) warrant to reckless driving and convicted defendant in Fairfax. Defendant appealed.

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 not a lesser included offense of driving under the influence. It is instead a separate and distinct crime.

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Arthur v. Commonwealth

Facts:

An officer activated his signal and pursued the car defendant was driving; it turned into a gas station, accelerated, and re-entered the road without stopping or slowing down, causing other vehicles to brake or stop. Defendant pled guilty to reckless driving in Fairfax district court. He argued the prosecution failed to prove that he endangered a person or the operation of a law enforcement vehicle, as required to convict him of violating § 46.2-817(B).

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:

• In the context of the double jeopardy bar, considering Va. Code Ann. §§ 46.2-852 and 46.2-817(B) together, both contain different elements. The reckless driving statute, § 46.2-852, requires that the accused be driving on a highway, whereas the felony eluding statute, § 46.2-817(B), does not necessitate that the accused drive on a particular roadway. Section 46.2-852 provides that a violation may occur if the accused endangers any property of a person. Section 46.2-817(B), however, provides that a violation occurs only where the accused endangers the operation of a law enforcement vehicle, but not the law enforcement vehicle itself. It further requires that the accused receive a visible or audible signal from a police officer to stop his vehicle. Moreover, 46.2-817(B), unlike § 46.2-852, proscribes the driving of the accused only after he has disregarded an officer's signal to stop. Thus, felony eluding and reckless driving constitute separate offenses in that different facts are required to prove each.

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.

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Mike v. Commonwealth

Facts:

Defendant, a previously adjudicated habitual offender, was arrested in Fairfax 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.

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:

• When the sufficiency of the evidence is challenged on appeal, the court views the record in the light most favorable to the commonwealth, granting it all reasonable inferences fairly deducible therefrom, and the decision will not be disturbed unless plainly wrong or without evidence to support it.
• To convict a defendant under Va. Code Ann. § 46.2-357(B)(2), the commonwealth must prove driving by an accused that, standing alone, was so gross, wanton, and culpable as to show a reckless disregard of human life.

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Miles v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax (Virginia) of DUI in violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the same course of driving. He asserted that the DUI conviction was barred by Va. Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction for reckless driving.

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. § 19.2-294.1 provides that whenever any person is charged with driving under the influence of alcohol and reckless driving growing out of the same act or acts and is convicted of one of these charges, the court shall dismiss the remaining charge.
• 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).

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.


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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.

Ambrose v. Commonwealth

Facts:

Defendant was convicted for reckless driving, in violation of Va. Code Ann. § 46.2-852. The Circuit Court of Fairfax (Virginia) entered judgment. He appealed, contending error in the trial court's admission of evidence of remote driving behavior, the admission of evidence of another offense for which defendant was not on trial, and in the trial court's finding that the evidence was sufficient.

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:

•  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. Va. Code Ann. § 46.2-852. 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. The mere happening of an accident does not give rise to an inference of reckless driving. However, physical factors associated with impact, including extent of damage to vehicles and property, may be considered as mute evidence of high speed.

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.

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

• In the event the prosecution adduces evidence of a particular blood alcohol level to establish that an appellant was intoxicated and driving recklessly, the presumptions found in Va. Code Ann. § 18.2-269 become relevant. Therefore, a jury instruction regarding the statutory presumptions of impairment at various levels should be granted to the party requesting it. 
• Va. Code Ann. § 46.2-852 does not mention intoxication. Nor does the statute prohibit driving with a particular blood alcohol level. Evidence of intoxication is a factor that might bear upon proof of dangerous or reckless driving in a given case even though it does not, of itself, prove reckless driving. Therefore, in a reckless driving case, intoxication--not mere consumption of some alcohol--is relevant to establishing that the defendant drove her car so as to endanger the life, limb, or property of any person. § 46.2-852. In order to prove intoxication, proof of a defendant's blood alcohol level may be introduced along with other evidence concerning the significance of this blood alcohol level. 

• One who knowingly drives an automobile on a highway under the influence of intoxicants, in violation of statute, is negligent. No case holds that one driving under the influence of an intoxicant must necessarily be driving recklessly. Thus, 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. One may be both drunk and reckless. One may be reckless though not drunk; one may even be a total abstainer, and one may be under the influence of intoxicants and yet drive carefully. Indeed, with knowledge of the condition, a person might, for the time being, drive with extraordinary care. A person under the influence of intoxicants may at times conduct oneself with the utmost care and dignity, and the person might do this to an extent which will manifest that which the person hopes to conceal. A person might tread a line with an exactness which no sober person would feel called upon to attempt.
• 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 Va. Code Ann. § 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, pursuant to Va. Code Ann. § 46.2-852.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• 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.

• For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
• Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.

• As is well settled in a criminal case resulting in a conviction, a Virginia appellate court reviews the evidence, and all reasonable inferences, in the light most favorable to the Commonwealth as the party prevailing below. That principle requires the appellate court to discard the evidence of the defendant in conflict with the Commonwealth's evidence and regard as true all evidence favorable to the Commonwealth.
• The two offenses subject to Va. Code Ann. § 19.2-294.1, driving under the influence and reckless driving, are "separate and distinct" violations. Nevertheless, the legislature intended that a conviction of one offense precludes conviction of the other, whenever both grow from the same continuous, uninterrupted course of operation of a motor vehicle. Thus, the statute is applicable where the two offenses grow out of the same act or acts of driving. It is the commonality of the underlying offending conduct, the continuous, uninterrupted operation of a motor vehicle, that invokes the preclusive effect of the statute.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• When the sufficiency of the evidence is challenged on appeal, a reviewing court determines whether the evidence, viewed in the light most favorable to the prevailing party and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. In so doing, the reviewing court must discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom. It is the reviewing court's duty to look to that evidence which tends to support the conviction and to permit the conviction to stand unless plainly wrong. Indeed, the judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it.
• The word "recklessly" as used in Va. Code Ann. § 46.2-852 imparts a disregard by the driver of a motor vehicle for the consequences of his or her act and an indifference to the safety of life, limb or property. Speed alone is not a violation of § 46.2-852, but only becomes so when it endangers life, limb or property. 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 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.

• A reviewing court's responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.
• For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• 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.
• Because an appellant was weaving within in his own lane and into the other lane, the circumstances support a finding that his driving of itself endangered the life, limb, or property of another.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• when a statement accusing one of the commission of an offense is made in his presence and hearing and is not denied, both the statement and the fact of his failure to deny are admissible in a criminal proceeding against him as evidence of his acquiescence in its truth....

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

• A reviewing court's responsibility in reviewing jury instructions is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises. 
• For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.