Monday, August 25, 2014

Reckless Driving In Virginia Lawyers Fairfax Violation Code 46.2-852

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.

Mike v. Commonwealth

Facts:

Defendant appealed the judgment of the Circuit Court of Fairfax (Virginia), which convicted him of reckless driving in violation of Va. Code Ann. § 46.2-852. The trial court held that Va. Code Ann. § 46.2-920 did not protect defendant, a police officer, from criminal prosecution for conduct constituting reckless disregard for the safety of persons and property. The trial court refused to apply a "reasonable officer" standard.

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 in part: 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.
  • When considering the sufficiency of the evidence on appeal of a criminal conviction, the appellate court must view all the evidence in the light most favorable to the Commonwealth and accord to the evidence all reasonable inferences fairly deducible therefrom. The appellate court will not disturb the trial court's judgment unless it is plainly wrong or without evidence to support it. Further, the weight that should be given to evidence and whether the testimony of a witness is credible are questions which the fact finder must decide. 'Reckless driving is a criminal offense and to sustain a conviction, the Commonwealth's evidence must establish guilt beyond a reasonable doubt.
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.
Friday, August 22, 2014

Reckless Driving In Virginia Lawyers Fairfax Violation Code 46.2-862

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.

Key v. Commonwealth

Facts:

            A jury in the Circuit Court of Fairfax (Virginia) convicted defendant of reckless driving by speed, in violation of Va. Code Ann. § 46.2-862. Defendant appealed.

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:

  • For a defendant to be found guilty of reckless driving by speed under Va. Code Ann. § 46.2-862, the Commonwealth must prove that the defendant was driving on a highway in the Commonwealth, and was driving (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
  • Improper driving, Va. Code Ann. § 46.2-869, is not a lesser-included offense of reckless driving by speed, Va. Code Ann. § 46.2-862. Every commission of reckless driving by speed does not also constitute a commission of improper driving. In addition, improper driving is not composed entirely of the elements of reckless driving by speed. Improper driving requires an additional finding of slight culpability, an element excluded from the reckless driving by speed statute.
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.
Monday, August 18, 2014

Reckless Driving In Virginia Lawyers Fairfax Influence Evidence

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.

Wart v. Commonwealth

Facts:

Defendant was convicted in the Circuit Court of Fairfax (Virginia) of driving under the influence and reckless driving. He appealed.

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:

  • As is well settled in a criminal case resulting in a conviction, a Virginia appellate court reviews the evidence, and all reasonable inferences, in the light most favorable to the Commonwealth as the party prevailing below. That principle requires the appellate court to discard the evidence of the defendant in conflict with the Commonwealth's evidence and regard as true all evidence favorable to the Commonwealth.
  • The two offenses subject to Va. Code Ann. § 19.2-294.1, driving under the influence and reckless driving, are "separate and distinct" violations. Nevertheless, the legislature intended that a conviction of one offense precludes conviction of the other, whenever both grow from the same continuous, uninterrupted course of operation of a motor vehicle. Thus, the statute is applicable where the two offenses grow out of the same act or acts of driving. It is the commonality of the underlying offending conduct, the continuous, uninterrupted operation of a motor vehicle, that invokes the preclusive effect of the statute.
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.
Friday, August 15, 2014

Reckless Driving In Virginia Lawyers Fairfax Violation Code 46.2-852

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.

Thomas v. Commonwealth

Facts:

Defendant was convicted in a bench trial of misdemeanor reckless driving, in violation of Va. Code Ann. § 46.2-852, and felony leaving the scene of an accident, in violation of Va. Code Ann. § 46.2-894. The Circuit Court of Fairfax (Virginia) sentenced defendant to two years in prison, all suspended, for the leaving the scene of an accident conviction and six months in jail for the reckless driving conviction. Defendant appealed.

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:

  • When the sufficiency of the evidence is challenged on appeal, a reviewing court determines whether the evidence, viewed in the light most favorable to the prevailing party and the reasonable inferences fairly deducible from that evidence support each and every element of the charged offense. In so doing, the reviewing court must discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom. It is the reviewing court's duty to look to that evidence which tends to support the conviction and to permit the conviction to stand unless plainly wrong. Indeed, the judgment of a trial court sitting without a jury is entitled to the same weight as a jury verdict and will not be set aside unless it appears from the evidence that the judgment is plainly wrong or without evidence to support it.
  • The word "recklessly" as used in Va. Code Ann. § 46.2-852 imparts a disregard by the driver of a motor vehicle for the consequences of his or her act and an indifference to the safety of life, limb or property. Speed alone is not a violation of § 46.2-852, but only becomes so when it endangers 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.

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