Monday, March 31, 2014
Reckless Driving In Virginia Lawyers Prince William 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.
Holder v.
Commonwealth
Facts:
Defendant sought
review of a judgment of the Circuit Court of Prince William (Virginia), which
convicted him in a bench trial of driving after having been adjudicated an
habitual offender in violation of Va. Code Ann. § 46.2-357..
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:
- The distinction between
negligent driving and reckless driving is the critical element in determining
punishment under Va. Code Ann. § 46.2-357. In defining the conduct that
gives rise to felony punishment under 46.2-357(B)(2), the legislature uses
the phrase, driving that endangers the life, limb, or property of another,
language virtually identical to that found in the statute defining
reckless driving. Drunk driving does not per se deserve felony treatment
under § 46.2-357...
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:
Saturday, March 29, 2014
Reckless Driving In Virginia Lawyers Prince William 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.
Edwin v.
Commonwealth
Facts:
Defendant
appealed a judgment by the Circuit Court of Prince William (Virginia) that
convicted him of reckless driving, in violation of Va. Code Ann. § 46.2-852;
defendant claimed that a United States Park police officer had no authority to
stop him for speeding on an interstate.
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:
- The appellate court
found that, even if the officer had no authority to stop defendant for
speeding on the interstate, defendant's reckless driving was a separate
and distinct offense occurring after the original traffic stop had
concluded. Therefore, the trial court did not err in convicting defendant
of reckless driving under § 46.2-852.
- An appellate court
decides cases on the best and narrowest ground available.
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:
Friday, March 28, 2014
Reckless Driving In Virginia Lawyers Prince William Accident Eluding Officer
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.
Lewis v.
Commonwealth
Facts:
Defendant was speeding
in Prince William, and he did not pull over when he was pursued by a police
officer. Defendant was in an accident, and the officer asked him what caused
it. Defendant admitted that he was speeding. Defendant was convicted of eluding
the police. On appeal, defendant claimed that his statement was in violation of
his Miranda rights and the trial court erred in overruling his motion to
suppress. The court affirmed the conviction and held that defendant was not in
custody at the time that he made his statement. The officer detained defendant
as a necessary protective measure. Defendant was questioned as the driver of a
vehicle involved in a traffic accident, not as a criminal suspect. Defendant
was barred from arguing that the trial court erred in failing to instruct the
jury on reckless or improper driving because he did not ask for the
instruction.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. § 46.2-869,
it is not a lesser included offense of eluding a police officer.
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:
Wednesday, March 26, 2014
Reckless Driving In Virginia Lawyers Prince William Preliminary Breath Test
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.
Anne v.
Commonwealth
Facts:
Defendant in Prince
William was charged with reckless driving under Va. Code Ann. § 46.2-852. She
filed a motion in limine seeking to exclude any testimony concerning a
preliminary breath test (PBT), or in the alternative, for an instruction with
regard to the blood alcohol presumptions found in Va. Code Ann. § 18.2-269. The
motion was denied by the Circuit Court of Prince William, Virginia. Defendant
appealed her reckless driving 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:
- 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:
Tuesday, March 25, 2014
Reckless Driving In Virginia Lawyers Prince William Violation Code 18.2-266
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.
Gerald v.
Commonwealth
Facts:
Defendant was
convicted by the general district court of reckless driving. He appealed his
subsequent conviction on a conditional guilty plea by the Circuit Court of Prince
William, Virginia, of driving while intoxicated, fourth offense (DUI), in
violation of Va. Code Ann. §§ 18.2-266 and 18.2-270, following the denial of
his motion to dismiss his indictment.
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:
- An issue of statutory
interpretation is a pure question of law which the appellate court reviews
de novo. When the language of a statute is unambiguous, the appellate
court is bound by the plain meaning of that language. Furthermore, the
appellate court must give effect to the Virginia legislature's intention
as expressed by the language used unless a literal interpretation of the
language would result in a manifest absurdity. If a statute is subject to
more than one interpretation, the appellate court must apply the
interpretation that will carry out the legislative intent behind the
statute.
- Under the plain and
unambiguous terms of Va. Code Ann. § 19.2-294.1, one may not be
"charged" and "convicted" of both driving under the
influence (DUI) and reckless driving. A conviction of either DUI or
reckless driving, whether in simultaneous or successive prosecutions,
requires dismissal of the other charge if the other charge arose from the
same act or acts.
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:
Friday, March 21, 2014
Reckless Driving In Virginia Lawyers Prince William Accident
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.
Porter v. Commonwealth
Facts:
Defendant was
speeding in Prince William, and he did not pull over when he was pursued by a
police officer. Defendant was in an accident, and the officer asked him what
caused it. Defendant admitted that he was speeding. Defendant was convicted of
eluding the police. On appeal, defendant claimed that his statement was in
violation of his Miranda rights and the trial court erred in overruling his
motion to suppress. The court affirmed the conviction and held that defendant
was not in custody at the time that he made his statement. The officer detained
defendant as a necessary protective measure. Defendant was questioned as the
driver of a vehicle involved in a traffic accident, not as a criminal suspect.
Defendant was barred from arguing that the trial court erred in failing to
instruct the jury on reckless or improper driving because he did not ask for
the instruction.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. §
46.2-869, it is not a lesser included offense of eluding a police officer.
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:
Thursday, March 20, 2014
Reckless Driving In Virginia Lawyers Prince William Intoxication 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.
Manson v.
Commonwealth
Facts:
A police officer
saw defendant driving a jeep that was weaving and five times crossed the double
yellow line into the on-coming lane in Prince William. The officer stopped the
vehicle and noticed signs of defendant's intoxication. Defendant pled guilty to
driving under the influence (DWI). At the trial on the habitual offender
charge, the Commonwealth introduced into evidence defendant's guilty plea and
conviction on the DWI charge, and a prior adjudication as an habitual offender.
The trial court denied defendant's motion to strike. Defendant was convicted.
On appeal, the court found that defendant's driving behavior clearly rose to
the level of reckless and could have endangered the life, limb, or property of
another. The trial judge correctly found that defendant's intoxication alone
was not enough to show that his driving of itself endangered the life, limb, or
property of another, and his intoxication when combined with the evidence of
weaving was sufficient to prove a violation of Va. Code Ann. § 46.2-357(B)(2).
The court also found that for § 46.2-357(B)(2) to apply, the driving behavior
did not have to actually harm another person or require another person to take
evasive action.
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:
- The distinction between
negligent driving and reckless driving is the critical element in determining
punishment under Va. Code Ann. § 46.2-357. In defining the conduct that
gives rise to felony punishment under 46.2-357(B)(2), the legislature uses
the phrase, driving that endangers the life, limb, or property of another,
language virtually identical to that found in the statute defining
reckless driving. Drunk driving does not per se deserve felony treatment
under § 46.2-357. While evidence of intoxication is a factor that might
bear upon proof of dangerous or reckless driving in a given case, it does
not, of itself, prove reckless driving. 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:
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.
Tuesday, March 18, 2014
Reckless Driving In Virginia Lawyers Prince William Speed Code 46.2-869
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.
Fisher v.
Commonwealth
Facts:
Defendant argued that
the Prince William court erred in denying her proposed jury instruction that
improper driving, an offense set forth in Va. Code Ann. § 46.2-869, was a
lesser-included offense of reckless driving by speed. The appellate court
disagreed. Improper driving was not a lesser-included offense of reckless
driving by speed. Every commission of reckless driving by speed did not also
constitute improper driving. In addition, improper driving was not composed
entirely of the elements of reckless driving by speed. Improper driving
required an additional finding of slight culpability, an element excluded from
§ 46.2-862. The plain and unambiguous reading of § 46.2-869 made clear that
authority rested with the trial judge and not the jury to make the lesser
degree of culpability determination. In the alternative, an attorney for the
Commonwealth may have reduced a reckless driving charge to improper driving at
any time before the court's decision. Thus, only the trial judge, or the
prosecutor before the verdict was rendered, had the prerogative to reduce a
reckless driving charge to improper driving under § 46.2-869.
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:
- 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. The improper driving statute, Va. Code Ann. § 46.2-862,
states that the court in its discretion may reduce the reckless driving
charge to improper driving where the degree of culpability is slight.
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:
Reckless Driving In Virginia Lawyers Prince William Speeding Accident
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.
Locke v.
Commonwealth
Facts:
Defendant in Prince
William was speeding, and he did not pull over when he was pursued by a police
officer. Defendant was in an accident, and the officer asked him what caused
it. Defendant admitted that he was speeding. Defendant was convicted of eluding
the police. On appeal, defendant claimed that his statement was in violation of
his Miranda rights and the trial court erred in overruling his motion to
suppress. The court affirmed the conviction and held that defendant was not in
custody at the time that he made his statement. The officer detained defendant
as a necessary protective measure. Defendant was questioned as the driver of a
vehicle involved in a traffic accident, not as a criminal suspect. Defendant
was barred from arguing that the trial court erred in failing to instruct the
jury on reckless or improper driving because he did not ask for the
instruction.
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:
- An accused is not
entitled to an instruction on an offense which is not a lesser included
offense of the one with which he or she is charged. While improper driving
may be a lesser included offense of reckless driving, Va. Code Ann. §
46.2-869, it is not a lesser included offense of eluding a police officer.
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:
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:
Reckless Driving In Virginia Lawyers Prince William Violation Code 46.2-357
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.
Morill v.
Commonwealth
Facts:
Defendant sought
review of a judgment of the Circuit Court of the Prince William (Virginia),
which convicted him in a bench trial of driving after having been adjudicated
an habitual offender in violation of Va. Code Ann. § 46.2-357..
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:
- The distinction between
negligent driving and reckless driving is the critical element in
determining punishment under Va. Code Ann. § 46.2-357. In defining the
conduct that gives rise to felony punishment under 46.2-357(B)(2), the
legislature uses the phrase, driving that endangers the life, limb, or
property of another, language virtually identical to that found in the
statute defining reckless driving. Drunk driving does not per se deserve
felony treatment under § 46.2-357...
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:
Reckless Driving In Virginia Lawyers Prince William 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.
Lords v.
Commonwealth
Facts:
A jury in the
Circuit Court of Prince William (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.
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:
Reckless Driving In Virginia Lawyers Prince William Eluding
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.
Johnson v.
Commonwealth
Facts:
Appellant sought
review of a judgment in the Circuit Court of Prince William (Virginia), which
denied his motion to dismiss charges of reckless driving and evading and
eluding based on former jeopardy and violation of Va. Code § 19.2-274.
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:
- The double jeopardy
clause insures that an accused is not subject for the same offense to be
twice put in jeopardy of life or limb. U.S. Const. amend. V. This
constitutional guarantee is applicable to the States through the due
process clause of U.S. Const. amend. XIV.
- Although the language of
Va. Code § 19.2-294 does not state that it provides a defense of former
jeopardy, it amounts to such a defense in purpose and desired effect. Like
the bar of former jeopardy under U.S. Const. amend. V, § 19.2-294 prevents
the Commonwealth from subjecting an accused to the hazards of vexatious,
multiple prosecutions.
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:
Tuesday, March 4, 2014
Reckless Driving In Virginia Lawyers Prince William Violation 46.2-870
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.
Campbell v.
Commonwealth
Facts:
Defendant was
convicted in the Circuit Court of Prince William County (Virginia) of DUI in
violation of Va. Code Ann. § 18.2-266. He had previously pled guilty to
speeding in violation of Va. Code Ann. § 46.2-870. Both charges arose from the
same course of driving. He asserted that the DUI conviction was barred by Va.
Code Ann. § 19.2-294.1 because the speeding conviction constituted a conviction
for reckless driving..
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. §
19.2-294.1 provides that whenever any person is charged with driving under
the influence of alcohol and reckless driving growing out of the same act
or acts and is convicted of one of these charges, the court shall dismiss
the remaining charge...
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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