Wednesday, April 9, 2014
Reckless Driving In Virginia Lawyers Prince William 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.
Samuel v.
Commonwealth
Facts:
While defendant
sat in the driver's seat of a vehicle stopped at a tollbooth in Prince William,
a police officer approached the vehicle, smelled alcohol, and arrested
defendant. After defendant, a habitual offender, was convicted of driving under
the influence of alcohol, the trial court imposed a felony sentence under Va.
Code Ann. § 46.2-357(B)(2) because defendant's drunken driving had allegedly
endangered the vehicle's passengers. Accordingly, defendant sought review,
claiming nobody had been endangered and as such, the trial court should have
imposed a misdemeanor sentence, pursuant to Va. Code Ann. § 46.2-357(B)(1). In
reversing, the court held that even though defendant had been negligent in
operating the vehicle, defendant's intoxication had not been such that it had
elevated defendant's conduct to the level of reckless driving. Thus, the court
held the evidence had failed to prove that defendant's drunken driving had
endangered others, as required by Va. Code Ann. § 46.2-357(B)(2).
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
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.
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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