Tuesday, March 18, 2014
Reckless Driving In Virginia Lawyers Prince William Intoxicated
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.
Moose v. Commonwealth
Facts:
The appellate
court held that the blood alcohol level indicated in a PBT was conditionally
relevant, subject to being augmented by evidence tending to show that the
driver was driving in an intoxicated condition so as to endanger the life, limb
or property of others in Prince William. No evidence established the significance of a PBT
of 0.04 or whether a person driving with a 0.04 level might be intoxicated as
evidence of reckless driving. The test result, alone, was inadmissible. The error
was not harmless. The evidence of defendant's reckless driving was not
overwhelming. The trooper acknowledged that he did not charge defendant with
driving under the influence (DUI), but the Commonwealth emphasized defendant's
consumption of alcohol. The jury could well have concluded that defendant,
while not guilty of DUI, was driving recklessly because she had 0.04 alcohol in
her system. If the Commonwealth sought to admit the PBT result on retrial, it
had to show that a.04 result indicated that defendant was intoxicated such that
her driving was dangerous to life, limb, or property of another, and defendant
was entitled to an instruction on the statutory presumptions of blood alcohol
concentration.
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 that 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. 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 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.
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:
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