Virginia reckless driving Speeding Ticket Driving on Suspended License
In Frazier v. Com., Not Reported in S.E.2d, 2002 WL 31163615 Va.App.,2002, Appellant contends on appeal that the evidence was not sufficient to prove his driving endangered “the life, limb or property of any person,” in violation of Code § 46.2-852. The Court held that, The statement of facts indicates appellant argued in closing that Flood Road was not a “highway … and the credibility of the witnesses.” We cannot say that simply intoning the words “and the credibility of the witnesses” would put a trial court on notice that appellant was challenging the sufficiency of the evidence as to whether appellant was driving in a reckless fashion. The phrase, “credibility of the witnesses,” does not preserve the issue presented. Taken in the context of his closing argument, appellant appeared to address the credibility of the witnesses on the issue of whether Flood Road was a “highway,” not their credibility on other elements of the crime. Appellant did not alert the trial court that he was arguing the Commonwealth failed to prove the elements of the offense of reckless driving. We find the sufficiency issue raised by appellant on appeal is procedurally defaulted under Rule 5A:18.
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Virginia reckless driving Speeding Ticket Driving on Suspended License
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