Reckless Driving Virginia Conduct Conviction Reversed Lawyers Giles County
Reckless Driving Virginia Conduct Conviction Reversed Lawyers Giles County
Robert v. Commonwealth
Facts:
Defendant was convicted in the Circuit Court of Giles County (Virginia) of driving under the influence and reckless driving. He appealed.
Reckless Driving Virginia Conduct Conviction Reversed Lawyers
Issue:
- Whether trial court erred in not finding that the driving under the influence and reckless driving offenses grew out of the same act or acts of driving?
Discussion:
Defendant said his two offenses grew out of the same act or acts of driving, and one charge should have been dismissed under Va. Code Ann. § 19.2-294.1. The appellate court held the offenses of which defendant was convicted were covered by § 19.2-294.1, under which, when he was convicted of one of the charges, the remaining charge had to be dismissed if the offenses grew out of the same act or acts. His “offending conduct” was intimately related in time and distance, arising from and connected by one continuous, uninterrupted operation of his car. He was initially pursued because he was observed to be speeding. Although police subsequently lost sight of his car for three to five minutes, there was no evidence that he discontinued operation of his car before he was stopped. No evidence gave rise to any reasonable inference that he did anything other than engage in a continuous operation of his vehicle. The trial court erred in determining, as a matter of law, that he could be convicted for both driving under the influence and reckless driving for his continuous, uninterrupted course of operation of a motor vehicle. Defendant’s convictions were reversed and the matter was remanded with directions to dismiss one of the charges
The SRIS Law Group Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Virginia lawyer from our firm to discuss your reckless driving ticket. A Virginia lawyer from our firm will talk with you about your reckless driving ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Reckless Driving Virginia Radar Stop Attorneys Appomattox County
Reckless Driving Virginia Radar Stop Attorneys Appomattox County
MICHAEL JOHN BROWN v. COMMONWEALTH OF VIRGINIA
Facts:
Brown was charged with and convicted of both Code § 19.2-294.1 offenses -DUI and reckless driving. The record clearly establishes that Brown’s “offending conduct” was “intimately related in time and distance, arising from and connected by one continuous, uninterrupted operation of Brown’s car. Indeed, Troopers Turner and Hackney initially pursued Brown because he came through radar traveling at eighty-three miles in a fifty-five mile an hour zone and squealed his tires. Although the troopers subsequently lost sight of Brown’s car for three to five-minutes, no evidence in the record suggests that Brown discontinued operation of his car before he was ultimately stopped. Brown was convicted in the Circuit Court of Appomattox County (Virginia) of driving under the influence and reckless driving. He appealed.
Reckless Driving Virginia Radar Stop Attorneys
Issue:
- Whether the trial court erred in not finding that the driving under the influence and reckless driving offenses grew out of the same act or acts of driving?
Discussion:
The appellate court held the offenses of which defendant was convicted were covered by § 19.2-294.1, under which, when he was convicted of one of the charges, the remaining charge had to be dismissed if the offenses grew out of the same act or acts. His “offending conduct” was intimately related in time and distance, arising from and connected by one continuous, uninterrupted operation of his car. He was initially pursued because he was observed to be speeding. Although police subsequently lost sight of his car for three to five minutes, there was no evidence that he discontinued operation of his car before he was stopped. No evidence gave rise to any reasonable inference that he did anything other than engage in a continuous operation of his vehicle. The trial court erred in determining, as a matter of law, that he could be convicted for both driving under the influence and reckless driving for his continuous, uninterrupted course of operation of a motor vehicle.
Conclusion:
The Court reverses the defendant conviction and the matter was remanded with directions to dismiss one of the charges.
The SRIS Law Group Virginia lawyers will do their best to help you with your reckless driving ticket. Contact a Virginia lawyer from our firm to discuss your reckless driving ticket. A Virginia lawyer from our firm will talk with you about your reckless driving ticket in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
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.
Consequences Reckless Driving Virginia Passing Double Line Ticket Charge Failure Maintain Control Fines Speeding Penalties Absentia
The consequences for a reckless driving ticket in Virginia are severe.
They are many different types of Virginia reckless driving offenses. Some of the different types of reckless driving offenses in Virginia are:
• Passing on double line in Virginia is reckless driving
• Failure to maintain control in Virginia is reckless driving
• Speeding in excess of 20 miles over the speed limit in Virginia is reckless driving
Clients often ask us what happens when you get a reckless driving ticket in Virginia & how to get rid of a reckless driving charge?
There are many types of reckless driving offenses in Virginia. For example, if you spin your tires coming out of a parking lot, this could be considered reckless driving in Virginia.
A reckless driving charge in Virginia is a class 1 misdemeanor. The reckless driving penalties in Virginia are very severe. The fines for a reckless driving ticket in Virginia are a maximum of $2500. The maximum jail time is 1 year in jail and six months loss of license.
First and foremost, we tell our clients it is possible to get out of a reckless driving charge in Virginia. In some cases, our reckless driving attorneys in the Commonwealth of Virginia can even get rid of your reckless driving charge in absentia (that means you don’t have to show up).
Call us for help if you got a reckless driving ticket in any part of Virginia including Chesterfield, Virginia & Brunswick, Virginia.
Virginia Reckless Driving Lawyer
