Virginia Divorce/Child Custody & Support Lawyers: Reckless Driving In Virginia Lawyers Fairfax 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.

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Bernard v. Commonwealth

Facts:

Defendant appealed from an order of the Circuit Court of Fairfax (Virginia), which convicted him for reckless driving and feloniously driving after having been adjudicated an habitual offender in violation of Va. Code Ann. §§ 46.2-852 and 46.2-357(B)(2), respectively, contending that the evidence was insufficient to support the convictions.

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. § 46.2-852 provides, in part, that any person who drives a vehicle on any highway recklessly or at a speed 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 word "recklessly" as used in the statute imparts a disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property. The essence of the offense lies not in the act of operating a vehicle, but in the manner and circumstances of its operation. Thus, the mere happening of an accident does not give rise to an inference of reckless driving. To convict, the Commonwealth of Virginia must prove every essential element of the offense beyond a reasonable doubt, with evidence which excludes every reasonable hypothesis of innocence and consistent only with guilt.
Va. Code Ann. § 46.2-357(B)(2) elevates driving by an habitual offender from a misdemeanor to a felony when such driving of itself endangers the life, limb, or property of another, Va. Code Ann. § 46.2-357, language virtually identical to that found in the statute defining reckless 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.

Disclaimer:

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.

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