Monday, March 17, 2014

Reckless Driving In Virginia Lawyers Fairfax Violation Code 46.2-852 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.

Jake v. Commonwealth

Facts:

Defendant in Fairfax, a previously adjudicated habitual offender, was arrested after a police chase during which he operated a motorcycle at a high rate of speed, in gross violation of posted limits, approached a group of children as they crossed the roadway, prompting several to run and, moments thereafter, lost control, crashed into a fence and fled. At an earlier trial, defendant was convicted of attempting to elude police but a reckless driving charge in violation of Va. Code 46.2-852 was dismissed. Although reckless driving was a necessary element to the felonious habitual offender charge, the court held that the commonwealth was not collaterally estopped from bringing the charge because the record did not reveal the reason for the earlier dismissal of the reckless driving charge. Because defendant failed to challenge the indictment in the trial court and the court found no justification to invoke the ends of justice exception, the court declined to address defendant's complaint on that issue. The court found the evidence sufficient to support the finding that defendant's driving endangered life, limb, or property of others in violation of Va. Code Ann. § 46.2-357(B)(2) and affirmed the conviction.

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:

  • To convict a defendant under Va. Code Ann. § 46.2-357(B)(2), the commonwealth must prove driving by an accused that, standing alone, was so gross, wanton, and culpable as to show a reckless disregard of human life.
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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