Monday, September 15, 2014
Reckless Driving In Virginia Lawyers Fairfax Habitual Offender
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.
Gerald v.
Commonwealth
Facts:
Defendant sought
review of a judgment from the Circuit Court of Fairfax (Virginia), which
convicted defendant, a habitual offender, of driving under the influence of
alcohol and which sentenced defendant as a felon, pursuant to Va. Code Ann. §
46.2-357(B)(2). In claiming that the drunken driving had endangered nobody,
defendant sought imposition of a misdemeanor sentence, pursuant to Va. Code
Ann. 46.2-357(B)(1).
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:
- 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.
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:
Email Us:
Our Phone #
|
Virginia | |
| Fairfax | 703-278-0405 |
| Prince William | 703-278-0405 |
| Loudoun | 703-278-0405 |
| Fredericksburg | 703-278-0405 |
| Richmond | 804-201-9009 |
| Virginia beach | 757-512-5002 |
| Lynchburg | 434-509-4004 |
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