Monday, August 25, 2014
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.
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
appealed the judgment of the Circuit Court of Fairfax (Virginia), which
convicted him of reckless driving in violation of Va. Code Ann. § 46.2-852. The
trial court held that Va. Code Ann. § 46.2-920 did not protect defendant, a
police officer, from criminal prosecution for conduct constituting reckless
disregard for the safety of persons and property. The trial court refused to
apply a "reasonable officer" standard.
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: 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.
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.
Friday, August 22, 2014
Reckless Driving In Virginia Lawyers Fairfax Violation Code 46.2-862
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.
Key v.
Commonwealth
Facts:
A jury in the Circuit Court of Fairfax
(Virginia) convicted defendant of reckless driving by speed, in violation of
Va. Code Ann. § 46.2-862. 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:
- 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.
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.
Monday, August 18, 2014
Reckless Driving In Virginia Lawyers Fairfax Influence Evidence
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.
Wart v.
Commonwealth
Facts:
Defendant was
convicted in the Circuit Court of Fairfax (Virginia) of driving under the
influence and reckless driving. He 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:
- 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.
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:
Friday, August 15, 2014
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.
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:
Defendant was
convicted in a bench trial of misdemeanor reckless driving, in violation of Va.
Code Ann. § 46.2-852, and felony leaving the scene of an accident, in violation
of Va. Code Ann. § 46.2-894. The Circuit Court of Fairfax (Virginia) sentenced
defendant to two years in prison, all suspended, for the leaving the scene of
an accident conviction and six months in jail for the reckless driving
conviction. 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:
- 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 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.
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