Monday, April 7, 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.
Harry v.
Commonwealth
Facts:
Defendant was
convicted in the Circuit Court of Fairfax (Virginia) of driving under the
influence and reckless driving in violation of Va. Code § 46.2-852. 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:
- 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.
- Va. Code Ann. §
19.2-294.1 and Va. Code Ann. § 19.2-294 are different. Va. Code Ann. §
19.2-294.1 deals only with the offenses of driving while intoxicated and
reckless driving; it applies to no other criminal offenses. This statute
is applicable where these two offenses grow out of the same act or acts.
"The same act or acts" means the act "of driving" and
contemplates a continuous, uninterrupted course of operation of a motor
vehicle. Va. Code Ann. § 19.2-294, on the other hand, applies to violation
of any two or more statutes, not just driving while intoxicated and
reckless driving. It is applicable only if "the same act" is a
violation of two or more statutes, not to offenses growing out of the same
act or acts. Furthermore, § 19.2-294 does not contemplate a continuous,
uninterrupted course of operation of a motor vehicle.
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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