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:

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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